GRIEVANCE PROCEDURE. 1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations. 2. The costs of arbitration shall be shared equally by theparties. 3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties. 4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 14.01 In order to provide an orderly and speedy procedure for the settling of grievances, the Division acknowledges that the ▇▇▇▇▇▇▇ may assist any employee whom the ▇▇▇▇▇▇▇ represents, in preparing and presenting the employee's grievance in accordance with the grievance procedure.
114.02 The Union shall notify the Division in writing of the name of the ▇▇▇▇▇▇▇.
14.03 The Division may, upon the request of the Union ▇▇▇▇▇▇▇ and after approval of the supervisor, allow the ▇▇▇▇▇▇▇ time to investigate or process an alleged grievance during the ▇▇▇▇▇▇▇'▇ regular working hours. Such permission shall not be unreasonably withheld.
14.04 A grievance shall be defined as any complaintdifference arising out of the interpretation, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning administration, or interpretation alleged violation of this Collective Agreement. .
14.05 Grievances shall must be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present .
Step 1 An employee(s) wishing to submit a written grievance, will submit the grievance to his the ▇▇▇▇▇▇▇. At each step of the Grievance procedure the griever shall have the right to be present.
Step 2 The ▇▇▇▇▇▇▇ will first seek to settle the dispute with the employees' Supervisor within ten (10) working days after the cause of grievance occurs or her immediate manager within seven ten (710) work working days from the date on which the griever becomes aware of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementthe alleged violation. The manager Supervisor concerned shall have reply within three (3) working days.
Step 3 If the reply of the employees' Supervisor is not satisfactory the grievance may, within five (5) working days, be referred to the Chief Superintendent and/or designate within fifteen (15) working days after receipt a grievance has been referred, the Chief Superintendent will give a written reply to the grievance. Within fifteen (15) working days after a grievance has been referred, the Chief Superintendent will give a written reply to the grievance.
Step 4 Failing a satisfactory settlement being reached in Step 3 the Union may within a further 15 (fifteen) days refer the dispute to arbitration.
14.06 Where a recommendation is being made to terminate the employment of an employee, the employee may appear before the Board, in accordance with the Division's Discipline Policy before the Board renders a decision.
14.07 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, Steps 1 of this Article may be bypassed.
14.08 After a grievance has been submitted in writing, the Division or its representatives shall not attempt to settle the grievance either directly or indirectly with the aggrieved employee without the consent of the grievance to meet with Union.
14.09 Should the grievant Division have a misunderstanding, complaint or dispute under this Agreement against the Union, then the Division shall advise the Union of the misunderstanding, complaint or dispute and the unit representative or parties hereto shall discuss and endeavour to settle the CCNA/PASNAP and once the meeting has occurred, matter within ten (10) days from the time the misunderstanding, complaint or dispute was conveyed to give his or her answer in writingthe Union. If no satisfactory settlement such misunderstanding, complaint or dispute is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance not settled to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt mutual satisfaction of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredparties, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter it may be appealed treated as a grievance and referred to arbitration in the same way as a grievance of an impartial Arbitrator. The Arbitrator shall be selected employee, as provided in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms Article 15 of this Agreement.
14.10 All grievances shall be submitted in writing and replies to grievances shall be in writing at all stages.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10ten (10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by thepartiesthe parties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1A grievanceshall consist only of a dispute concerning interpretationof any clause in this Agreement, alleged violations of the Agreement and alleged abuses of discretion of supervision in the treatment of employees. A If any question arises as to whether a particular dispute is or is not a grievance within the meaning of those provisions, the question may be taken up through the Grievance Procedure and determined, if necessary, by arbitration. There shall be an ▇▇▇▇▇▇▇ effort on the part of both Parties to settle such grievance promptly through the following steps: STEP -Any grievance of an employee shall first be taken up between such employee and his immediate supervisor. In Terminals where there are no supervisors, the Terminal Managerwill become involved at this Step, The employee will be entitled to be accompanied by a ▇▇▇▇▇▇▇ or Union representative. Time limit to institute grievances: Termination or lay-off Ten (10) days All others Thirty (30) days STEP Failing settlement under Step such grievance shall be defined as any complaint, dispute, controversy reducedto writing and taken up between the Terminal Manager and a Shop ▇▇▇▇▇▇▇ or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this AgreementLocal Union representative. Grievances STEP Failing settlement under Step such grievance shall be processed referred to and disposed of in taken up between the following manner: STEP ONE - The employee Secretary or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit other bargaining representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant Union and the unit representative General Manager or the CCNA/PASNAP and once the meeting has occurred, designate. Such written notice shall be within ten (10) days of the completion of Step Any questions, dispute or controversy that is not of a kind subject to give Steps and may be instituted at Step Such shall be submitted in writing and taken up between the Secretary or other bargaining representative of the Union and the General Manager or his or her answer designate. STEP Failing settlement under Step the grievance shall be taken up in writingpresentation to a Grievance Board hereinafter referred to as the "Board", consisting of two (2) Union representatives, selected by the Union and two (2) Company representatives, selected by the Company. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department All members of this Board shall have been duly appointed and so authorized, that any settlement arrived at by this Board of a specific grievance shall be final and binding. Except by mutual agreement between the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant Union and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt Company providing for an extension of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredtime, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Step must be completed within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work calendar days after receipt of the completion of Step Either Party may give notice to the other Party to waive Step and in such event Article No. shall apply, Should the Parties fail to reach a satisfactory settlement in any of the preceding steps, the final settlement of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may will be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsdetermined by arbitration.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance within the meaning of the Agreement shall be defined as any complaint, dispute, controversy or disagreement dispute arising between the parties hereto involving one (1) interpretation or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning application of all provisions of the application, meaning or interpretation of this Agreement. Grievances Unless mutually agreed, there shall be processed no more than two (2) representatives from each side in Step 1, and disposed no more than three (3) representatives from each side in Step 2. Time limits may be extended by mutual agreement of in the following manner: STEP ONE - The parties. All corrective actions, beginning with Level 1 of the corrective action process, may be grieved if the Union or employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementfeels the corrective action was inappropriate. The manager shall have five (5) days after receipt steps of the grievance procedure shall be as follows:
Step 1: The aggrieved employee, or a Union shop ▇▇▇▇▇▇▇, shall first present his/her grievance to meet with the grievant and the unit representative or the CCNAEmployee/PASNAP and once the meeting has occurredLabor Relations Consultant, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached The grievance must specify which provision of the grievant or CCNA/PASNAP may collective bargaining agreement has been violated and the proposed remedy. Scheduling of the meeting must occur within five (5) working days after of the filing of the grievance, and the meeting must be held within ten (10) workdays of the filing of the grievance, unless mutually agreed upon otherwise. The parties (Employee/Labor Relations Consultant, supervisor and/or manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The , grievant and the unit representative or CCNA/PASNAP Union shop ▇▇▇▇▇▇▇) shall submit meet to discuss the written grievance and shall attempt to resolve the dispute. The Employer shall respond to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredUnion shop ▇▇▇▇▇▇▇, ten(10) days to give his or her answer. If no satisfactory settlement is reachedin writing, the grievant or CCNA/PASNAP may within five (5) working days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answermeeting. If no satisfactory settlement is reachedthe Union believes the Employer’s response does not accurately reflect the discussions in the Step 1 meeting, it may provide a written response to the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step FourEmployer. STEP FOUR - If the grievance is still not satisfactorily settledresolved, the matter Union may be appealed elect to an impartial Arbitratorproceed to Step 2. Step 2: To proceed to Step 2, the Union must notify the Employer (Employee/Labor Relations Consultant), in writing, within five (5) working days of receipt of a response to Step 1. The Arbitrator Union, Staff Representative (or designee), shop ▇▇▇▇▇▇▇, grievant, and Employer (including Area Administrator or Senior Manager) shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered meet within thirty five (305) working days after the hearing filing of an appeal of a grievance, unless mutually agreed otherwise. The Employer shall respond to the Union, in writing, within five (5) working days after the Step 2 meeting. In the event of failure to reach a satisfactory adjustment of the disputegrievance, unless extended the grievance may be appealed to arbitration by mutual agreement. The findings either of the Arbitrator shall be final and binding parties upon notice to the partiesother party, provided said notice is served no more than fifteen (15) working days after the response to Step 2 is given.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance under the Agreement shall be defined as any difference or dispute between the Employer and any employee(s) . When an employee is to be disciplined by any representative of the Board they must be accompanied by a representative of the Union Grievance Committee. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. It is understood that an employee has no grievance until the employee has first given his/her immediate supervisor an opportunity to adjust the complaint.
Step 1 If an employee is satisfied that he/she has a grievance, disputethat employee shall meet with his/her immediate supervisor and present the grievance in writing no later than fifteen days from the time of the alleged grievance and the employee may have the assistance of a member of the Grievance Committee or a ▇▇▇▇▇▇▇ if so desired. The supervisor will give a written answer within two working days, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which failing a settlement satisfactory to the employee, Step 2 of the Grievance Procedure may arise concerning be invoked.
Step 2 If not settled in Step the application, meaning or interpretation grievance will within five days be submitted in writing to the Superintendent of this AgreementOperations. Grievances The Superintendent of Operations shall give a written reply within three days of the submission of the grievance. 3 If not in Step the grievance will within five days be submitted in writing to the Union Committee to the Board’s designate to be dealt with at a meeting at a mutually agreeable time within ten days of submission. The decision of the Board’s designate shall be processed and disposed of in given to the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager Union Grievance Committee within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) ten days after receipt this meeting.
Step 4 If not then settled in Step the grievance will within five days be submitted in writing by the Union Grievance Committee to the Chairman of the grievance to Board. A representative committee of the Board shall meet with the grievant and Union Grievance Committee at a mutually agreeable time within ten days of submission to deal with the unit representative or the CCNA/PASNAP and once the meeting has occurredsaid grievance.
Step 5 If not then settled, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter be referred to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.follows:
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 9.01 The purpose of this Article is to establish a procedure for the settlement of grievances. The Employer and Union agreeing that it is of utmost importance to adjust grievances as quickly as possible.
19.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall discuss the complaint with their Supervisor before lodging a formal grievance. A grievance Such a complaint shall be defined as any brought to the attention of the Supervisor within three (3) working days of the incident giving rise to the complaint, dispute, controversy or disagreement involving one . The Supervisor shall state their decision verbally within three (13) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning working days of receiving the application, meaning or interpretation complaint.
9.03 Step One: The grievance of this Agreement. Grievances the employee shall be processed stated in writing on a standard form supplied by the Union and disposed of in signed by the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager and the Supervisor concerned. This complaint must be filed within seven three (73) work working days of its occurrence, with a unit representative receipt of CCNA/PASNAPreply of the Supervisor. The Supervisor shall answer the grievance, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredwriting, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after working days. The grievance shall specify the manager's answer appeal to article or articles and subsection of the agreement of which a violation is alleged, indicate the general relief sought and be signed by the employee.
9.04 Step Two. A grievant in a non-nursing department : The grievance shall have the right to request a member of Nursing Management to then be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may referred within five (5) working days after of the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance Supervisor’s decision in Step 1 to meet the Plant Manager who will discuss the matter with the grievant parties concerned, including the Department ▇▇▇▇▇▇▇.
9.05 If no settlement is reached at Step 2, the Grievor, a Union ▇▇▇▇▇▇▇ and representatives of management shall meet within five working days, or a time mutually agreed upon, to discuss the unit representative grievance. The Union’s National Representative and or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter Local President may be appealed in attendance at this meeting.
9.06 The Employer will recognize a group grievance as one which affects more than one employee with respect to an impartial Arbitratorwhom the issues and facts are substantially the same. The Arbitrator A group grievance shall commence at Step No. 2.
9.07 A policy grievance may be selected in accordance with the prevailing rules taken up at Step 2 of the American Arbitration Association applicable to labor arbitrationsGrievance Procedure, omitting Step 1.
2. The costs 9.08 A grievance over the dismissal or suspension of arbitration shall an employee may be shared equally by thepartiestaken up at Step 2 of the Grievance Procedure, omitting Step 1.
3. 9.09 The Arbitrator's decision shall time limits above may be rendered within thirty (30) working days after the hearing of the dispute, unless extended or waived by mutual agreement. The findings consent of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Labour Agreement
GRIEVANCE PROCEDURE. 16.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is generally understood that an employee has no grievance until the employee has first given to her/his immediate supervisor an opportunity of adjusting her/his complaint.
1. 16.02 A grievance shall be defined as any complaint, dispute, controversy dispute arising out of the expressed terms or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of conditions contained within this Agreement.
16.03 A ▇▇▇▇▇▇▇ may request to be released from his/her regular duties to investigate grievances on Employer time. Grievances Requests to conduct such investigations shall not be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementunreasonably withheld. The manager ▇▇▇▇▇▇▇ shall have five (5) days after receipt contact his/her supervisor in advance to determine a time when such investigation will not interfere with the ▇▇▇▇▇▇▇’▇ work and the work of the person with whom the ▇▇▇▇▇▇▇ wants to meet.
16.04 Grievances concerning disciplinary suspensions or discharges may be submitted at the third step of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingprocedure. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledsettled at Step 3, it may be directly submitted to arbitration except as limited in the above paragraph.
16.05 The Employer shall pay employees at their regular wage rate when they are involved in a grievance discussion and meetings with the Employer, when such meetings take place during their regularly scheduled, normal working hours.
16.06 Should the grievance not be resolved at the existing step or should there be no response from the Employer within the specified time limits, the matter grievance may be appealed carried to an impartial Arbitratorthe next step.
16.07 A group of employees may file a group grievance in writing, which is a grievance that is individual in nature but that affects more one employee, but such group grievances do not cover discipline or discharge matters. The Arbitrator All group grievances will be put in writing and signed by the ▇▇▇▇▇▇▇, and state the specific clauses of the Agreement allegedly violated, the redress sought, and a list of the grievors. Group grievances shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsfiled at Step No. 3.
2. The costs 16.08 If the Employer or the Union wishes to file a policy grievance, it shall do so by providing a written copy of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered its grievance to the other party, within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreementoccurrence of the event on which the grievance is based. The findings party that receives the grievance shall answer the grievance in writing within five (5) working days after receipt of same, but if there is no answer given in writing, then it shall be deemed that the claim of the Arbitrator grievor has been refused. If the grievance is not settled by the parties through this procedure, it may be pursued through the grievance procedure, beginning at Step No. 3.
16.09 All grievances shall be final processed in the following manner:
Step 1: The matter shall be discussed by and binding upon between the partiesemployee and/or the Union ▇▇▇▇▇▇▇ or Union Representative, and the immediate Unit Manager and/or designee. The alleged grievance shall be presented in writing setting forth the alleged Article(s) and the nature of the violation of the Agreement that the Union believes have been violated and the remedy being sought in this matter to the Unit Manager and/or designee within seven (7) working days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. A reply shall be given by the Unit Manager and/or designee within five (5) working days.
4Step 2: If the grievance is not settled to the satisfaction of the Union or the grievor, it shall be submitted in writing to the General Manager or their designee within five (5) working days after receiving the reply from Step 1. The Arbitrator appeal shall set forth the alleged facts of the grievance along with the remedy that is being sought. Either the General Manager or their designee or the Union shall request a meeting for the purpose of resolving the grievance prior to the Employer's decision. The meeting shall be held within five (5) working days of being requested and include the employee, the union ▇▇▇▇▇▇▇ involved and/or the Chief ▇▇▇▇▇▇▇ or their designate. The Union shall have jurisdiction only over disputes arising out the right, at any time, to be assisted by a Representative of grievances as defined in Section 1 UNITE HERE. Within five (5) working days of the Articlemeeting the Employer shall deliver to the Union a written reply, which shall provide for a decision in the matter and he or she shall have no power the reason(s) for the decision.
Step 3: If the grievance is not settled to add to, subtract from, or modify in any way any the satisfaction of the terms Union at Step 2, the Union, within ten (10) working days after receiving the General Manager or their designee’s reply, shall submit the grievance to the District Manager or their designee. Either the District Manager or their designee or the Union shall request a meeting for the purpose of this Agreementresolving the grievance prior to the Employer's decision. The meeting shall be held within ten (10) working days of being requested. Within ten (10) working days of the meeting, the Employer shall deliver to the Union a written reply to the alleged grievance, which shall provide for a decision in the matter and the reasons for the decision.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
Section 1. A grievance shall The most effective accomplishment of an employee’s work for the Board requires prompt consideration and equitable adjustment of employee grievances. It is the desire of the Board to address the grievances informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there will be defined as any complaintgrievances which will be resolved only after formal appeal and review.
Section 2. Any employee who has a complaint that there has been a violation, dispute, controversy misinterpretation or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation misapplication of a specific provision of this Agreement. Grievances Agreement or of a condition affecting his/her health or safety, may process a grievance in accordance with the procedures specified herein and shall be processed and disposed of have the right to have Union representation present at any step in the following mannergrievance procedure if he/she so desires.
Step 1: STEP ONE - The An employee or employees affected shall first present a written his/her grievance to his or her immediate manager the coordinator of the Program in which the employee is employed within seven ten (710) work calendar days of its occurrence, with a unit representative the occurrence giving rise to the grievance. The coordinator shall make careful inquiry into the facts and circumstances of CCNA/PASNAP, the complaint in an attempt to affect a satisfactory settlementresolve the problems promptly and fairly. The manager He shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached to the grievant or CCNA/PASNAP may employee within five (5) working days after from the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at time the grievance hearing. STEP TWO - The grievant and is submitted to him.
Step 2: Any employee who is dissatisfied with the unit representative or CCNAdecision of his/PASNAP shall her coordinator may submit the written grievance in writing to the grievant’s Department Head Superintendent of Schools or his or his/her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of designee with a copy to the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Union within five (5) working days after of the Department Head's receipt of the coordinator’s answer appeal under Step 1. The Superintendent of Schools or his/her designee shall make such investigation and conduct such hearings as it deems necessary and inform the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant employee and the unit representative or CCNA/PASNAP will submit Union in writing, of his decision and the written grievance to a Human Resource Manager who shall have reasons therefore within ten (10) work working days after subsequent to the date of his receipt of the grievance to meet grievance.
Step 3: If an employee or the Union remains dissatisfied with the grievant answer of the Superintendent of Schools or his/her designee he/she or the Union may obtain a review by Board of Education by submitting a request for review, in writing, within five (5) working days following receipt by the employee and the unit representative Union of the decision of the Superintendent of Schools or the CCNAhis/PASNAP her designee. The Board shall make such investigation and once the meeting has occurred, ten conduct such hearings as it deems necessary and shall (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after from the Human Resource Manager's answer appeal date of the matter receipt by the Board, at a regular Board meeting, of the employee’s or the Union’s request for review of the Step 2 decision) inform the employee and the Union, in writing, of its findings and decision including its decision to seek mediation and/or arbitration pursuant to step 4 hereof.
Step Four4: If an employee or the Union is dissatisfied with the Board decision in Step 3, then either the Union or the Board may within fifteen (15) calendar days of the issuance of the decision of the Board in Step 3, request, in writing, (with a copy of the request to be sent to the other party) the mediation services of the Connecticut State Board of Mediation and Arbitration.
Step 5: In the event that either party exercises its right to mediation and mediation does not resolve the dispute or in the event that neither party exercises its right to mediation. STEP FOUR - If and the grievance is still not satisfactorily settledresolved within twenty (20) days of the filing of the Step 4 notice, then either the Union or the Board may request, in writing, (with a copy of the request to the other party) that the Connecticut State Board of Mediation and Arbitration provide arbitration service. However, the matter Board or the Union may be appealed have any grievance at the State Board of Mediation and Arbitration removed, within thirty (30) days from the date filing with same, to an impartial Arbitratoreither the American Arbitration Association or the Alternative Dispute Resolution Center. The Arbitrator written request for arbitration service must be made within ten (10) calendar days of the receipt of notification from the Mediator that the Mediator is unable to resolve the grievance by means of his or her Mediation Service. If no such intention to seek arbitration of the grievance is received by the Board or by the Union from the other party, as the case may be, within the said 10-day period, the grievance shall be selected considered settled on the basis of the disposition given in writing by the Board at Step 3.
Section 3. All questions submitted to arbitration under the terms of this Agreement shall be submitted in accordance with the prevailing rules and regulations, then prevailing, of the Connecticut State Board of Mediation and Arbitration or, where applicable, the rules of the American Arbitration Association applicable to labor arbitrationsor the Alternative Dispute Resolution Center.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
Section 4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she Arbitration Panel shall have no power to add to, subtract from, from or modify in any way any of the terms of this Agreement.
Section 5. The Arbitrator’s award shall be made in writing and shall be rendered within the time limit prescribed by the then current rules of the Connecticut State Board of Mediation and Arbitration or, where applicable, the American Arbitration Association or the Alternative Dispute Resolution Center. The decision of said arbitrator shall be final and binding on both parties and on all employees.
Section 6. Any expenses incidental to mediation and/or arbitration shall be borne equally by both parties although each party shall be responsible for its own legal fees associated with mediation and/or arbitration. However, in the event either the Union or the Board exercises its option under Step 5 to use the American Arbitration Association or the Alternative Dispute Resolution Center, the filing and Arbitrator fees shall be borne by the removing party.
Section 7. Failure to process the grievance within the time limits established in the preceding Sections presumes that it has been satisfactorily resolved at the last step to which it has been properly processed. Failure on the part of the Board’s representatives to answer the grievance in the time limits established in the preceding Sections presumes that the claim made in the grievance is denied and may be processed to the next step.
Section 8. The parties agree that all notices and other documents involved in the Grievance Procedure beyond Step 4 must be mailed by Certified and/or Registered mail, return receipt requested.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning an alleged violation of the application, meaning or interpretation provisions of this Agreement.
2. Grievances It is the intent of the parties to settle disputes promptly and no complaint shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days considered which is presented after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) calendar days from when the employee knew or should have known about the alleged grievable offense.
3. The employee shall first bring the complaint to the attention of the employee's immediate supervisor who shall have an informal conference with the complainant within eight (8) calendar days of the complaint presentation. The supervisor shall have eight (8) calendar days to give his or her answer in writingattempt to resolve the dispute. Should the immediate supervisor be the Fire Chief, this step may be skipped.
4. If no satisfactory settlement the immediate supervisor cannot resolve the dispute within eight (8) calendar days, or if the employee is reached not satisfied with the resolution, the employee shall reduce the grievance to writing, specifying:
a) The article and section of the contract which has been violated;
b) The facts surrounding the violation;
c) What remedy the grievant or CCNA/PASNAP may within five (5requests; and
d) days after The extent to which the manager's answer appeal to Step Twogrievant has sought an informal adjustment of the grievance. A The grievant in a non-nursing department shall have eight (8) calendar days following the right decision of the supervisor complaint resolution step in paragraph 3 above to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head Fire Chief or his or her authorized representativethe Chief's designee. The Department Head or his or her authorized representative Chief shall have five eight (8) calendar days to investigate and attempt to resolve the grievance. The Chief shall give a decision in writing within that eight (8) calendar-day period.
5) days after receipt of . If the grievant is not satisfied with the resolution by the Chief, the grievant may present the grievance to meet with the grievant and his Town Manager or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answera designee within eight (8) calendar days. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department The Manager shall have the right eight (8) calendar days in which to request a member of Nursing Management to be present at act upon the grievance or schedule a hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator Said hearing shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have held no power to add to, subtract from, or modify in any way any of the terms of this Agreement.later than thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance It is the mutual of the parties hereto that of employees shall be defined adjusted as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreementquickly as possible. Grievances Such shall be processed and disposed of acted upon in the following manner: STEP ONE - The manner and sequence. It is understood that an employee or employees affected has no grievance until they have first given their immediate Supervisor an opportunity of adjusting their plaint. Such complaint shall present a written grievance to his or her be discussed withthe immediate manager within seven (7) work working days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt the circumstancesgiving rise to affect a satisfactory settlement. The manager shall the complaint have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP and failing settlement, it may then be taken as a grievance within five (5) working days after following the manager's answer appeal to Step Twodiscussion with the immediate In discussing such complaints, the employee may be by a Local Union Representative. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP aggrieved shall submit the written their grievance in writing to the grievant’s Department Head or Chairperson of the Union Committee. If the Grievance Committee of the Unionconsiders the to justified, the together with the Grievance Com- mittee, shall seek to settle the dispute at a meeting with the Manager and/or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may immediate within five (5) working days after as spelled out in Step The written grievance signed by the Department Head's answer appeal aggrieved must contain the matter nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to Step Threehave been violated. A grievant The Division his or her immediate departmental will deliver their decision in a non-nursing department shall have (5) days following the right to request a member of Nursing Management to be present at day on which the grievance hearingis presented to will also distribute copies of the original grievance and their answer, to immediate Failing then Step be invoked. STEP THREE - The grievant and Within five (5) working days the unit representative or CCNA/PASNAP will decision under Step the Committee may submit the written grievance to a Human Resource Manager who shall have ten the A within (10) work days after receipt of at time The Human Relations or designate deliver their in writing within from the on which under Step A complaint or grievance to meet with arising directly between the grievant Corporation and the unit representative Union the interpretation, application or the CCNA/PASNAP and once the meeting has occurredalleged violation of this Agreement, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected originated under Step Failing settlement under Step it may submitted to Arbitration in accordance with the prevailing rules Article This provision may not be used to process a grievance directly affecting one (1) employee or a group of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.less than four
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning an alleged violation of the application, meaning or interpretation expressed terms of this Agreement. Grievances shall be processed and disposed of in contract.
B. Any teacher or the following manner: STEP ONE - The employee or employees affected shall present Association may file a written grievance to his or her immediate manager within seven (7) work days on an alleged violation of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementthis contract. The manager Board hereby designates as its representative for receipt of the grievance the building principals of the respective schools. By mutual consent of the parties, the grievance may be filed directly with the Superintendent.
C. The term "days" as used herein shall mean days in which school is in session, provided that during the summer recess period "days" shall be weekdays except legal holidays. Any time limit may be extended by mutual agreement in writing.
D. Written grievances must be filed within twenty (20) days from the occurrence of the event which gave rise to the grievance. If feasible, the teacher shall first discuss the alleged grievance with the building principal either personally or accompanied by an Association representative prior to reducing the grievance to writing.
E. Written grievances as required herein shall be recorded on the Grievance Form attached to this agreement as Appendix D and contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall be specific.
3. It shall contain a synopsis of the facts giving rise to the alleged violation.
4. It shall cite the section and/or subsections of the contract alleged to have been violated.
5. It shall contain the date of the alleged violation.
6. It shall specify the relief requested.
F. Within five (5) days after of receipt of the grievance to grievance, the building principal shall meet with the grievant and in an effort to resolve the unit representative or grievance. If the CCNA/PASNAP and once parties cannot agree, the meeting has occurred, building principal shall issue a decision within ten (10) days to give his or her answer in writingof receipt of the grievance. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may is not satisfied with the disposition, the grievant shall within five (5) days after of receipt of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have disposition transmit the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager Superintendent who shall have ten (10) work days after receipt of thereafter to approve or disapprove the grievance. If the grievance is filed directly with the Superintendent, he shall have ten (10) days from receipt to meet with the grievant in an effort to resolve the grievance and approve or disapprove it. If the unit representative or grievance shall be denied by the CCNA/PASNAP and once Superintendent, the meeting has occurred, grievance may be appealed within ten (10) days to give his the secretary of the Board, with a statement of reasons why it is being appealed.
G. The secretary shall transmit the grievance to the Board at the next regularly scheduled Board meeting. (Provided the grievance was received five (5) days prior to the regular Board meeting). Within twenty-five (25) days from the consideration of the grievance, the Board shall render its decision in writing. Upon request of either party, the grievance shall be considered at a hearing before the Board. In no event, except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the appropriate principal, the grievant(s), and the secretary of the Association.
H. A teacher or her answerthe Association may withdraw a grievance at any time and this shall cease the processing of the grievance.
I. If the Association is not satisfied with the disposition of the grievance or if no disposition has been made within the period above provided, the grievance may be submitted within twenty (20) days of the Board disposition to arbitration before an impartial arbitrator. If no satisfactory settlement is reachedthe parties cannot agree as to the arbitrator within ten (10) days from the notification date that arbitration will be pursued, the CCNAhe/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator she shall be selected in accordance with the prevailing rules of by the American Arbitration Association applicable in accordance with its rules, which shall likewise govern the arbitration proceeding. The arbitrator shall have no power to labor arbitrationsalter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. Only the Association, and not an individual grievant, may appeal to arbitration.
2. J. The costs fees and expenses of arbitration the arbitrator shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. K. The Arbitrator arbitrator shall have jurisdiction render a decision only over disputes arising out of grievances as defined in Section 1 of on the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreementgrievance.
Appears in 1 contract
Sources: Master Agreement
GRIEVANCE PROCEDURE. 10.01 The purpose of this Article is to establish an orderly and efficient procedure for the prompt settlement of grievances.
110.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement may discuss his complaint with his immediate supervisor. A grievance In so doing, the employee shall advise his supervisor that the complaint is being raised in accordance with the provisions herein. Such a complaint shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning brought to the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt attention of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, immediate supervisor within ten (10) working days of the incident giving rise to give the complaint. The immediate supervisor shall state his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may decision verbally within five (5) working days after of receiving the managercomplaint.
STEP 1 Should the employee be dissatisfied with the immediate supervisor's disposition of the complaint, he may, with the assistance of his ▇▇▇▇▇▇▇ refer such matter on a written grievance form supplied by the Union to Human Resources or his designate, who shall answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may in writing within five (5) days after working days. Human Resources or designate, the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant ▇▇▇▇▇▇▇ and the unit representative or CCNA/PASNAP will submit employee may meet within this five (5) working day period to discuss the written grievance. The complaint shall constitute a formal grievance to a Human Resource Manager who at Step 1 and shall have ten be filed within five (105) work working days after of receipt of the immediate supervisor’s reply to the complaint. The grievance to meet with shall contain a brief statement of the grievant facts relied upon, indicate the relief sought, be signed by the employee, and should specify the unit representative or provisions of the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. Agreement of which a violation is alleged.
STEP 2 If no satisfactory settlement is reachedreached at Step 1, the CCNA/PASNAP Chief ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ from the area where the grievance originated and representatives of management shall meet to discuss the grievance within five (5) working days of receipt of the reply of Human Resources. The Union's Representative may be in attendance at this meeting. Human Resources shall answer the grievance in writing within thirty five (305) calendar working days after of the Human Resource Manager's answer appeal the matter to Step Fourmeeting. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered settled within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
17.01 The parties agree that their interests are best served by the speedy resolution of grievances. A grievance shall be defined To this end, should any differences arise as any complaintto the interpretation, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning administration or interpretation alleged violation of the provisions of this Agreement. , the following procedure for instituting a grievance may be invoked by an individual employee, by a number of employees jointly claiming the same grievance, by the Union or by the Employer.
7.02 If an employee has a complaint, he/she must first give opportunity to his/her immediate supervisor to discuss and resolve the complaint before a grievance is filed.
7.03 Grievances shall be processed and disposed of dealt with in the following manner:
Step 1: STEP ONE - The An employee having a grievance or employees affected shall present a written designated member of a group having a grievance to his or her immediate manager shall, within seven thirty (730) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt the date on which the cause of the grievance occurred or ought reasonably to meet have been known to the grievor(s), take up the grievance, which will be in writing, with the grievant and immediate supervisor outside the unit representative or scope of the CCNAbargaining unit. The supervisor will render his/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer decision in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may writing within five (5) days after of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance grievance.
Step 2: The Union shall designate a committee of not more than two (2) employees and the Union representative to meet take up with the grievant Publisher and/or his/her representative, any grievance not resolved in Step 1.
7.04 All Step 2 written grievances shall contain only one grievance, identify the clause(s) allegedly violated, the persons involved, the date on which the alleged grievance occurred and his the relief sought.
7.05 No grievance may be processed to arbitration unless the requirements of 7.02, 7.03, and 7.04 have been completed.
7.06 Any difference arising directly between the Employer and the Union as to the interpretation, application, administration or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10alleged violation of this Agreement may be submitted in writing by either party within thirty (30) days to give his or her answer. If no satisfactory settlement is reached, following the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at date on which the grievance hearingoccurred or ought reasonably to have been known to the grievor. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who parties shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, as described in Step 2 within ten (10) days following receipt of the grievance and a decision given in writing to give his the aggrieved party not more than ten (10) days following the meeting. Union grievances that pertain to a particular newspaper will be submitted in writing, as outlined above, to the Publisher of that newspaper. In all other instances, Union grievances will be submitted, as outlined above, to the VP or her answerDirector of Human Resources. If no satisfactory settlement Employer grievances will be submitted to the Local Representative of the Union. It is reachedagreed that all grievances affecting only one member of the bargaining unit will be discussed first with that employee's immediate supervisor (outside the scope of the bargaining unit). All other grievances may be submitted at Step 2.
7.07 In the event a grievance has not been satisfactorily settled under the foregoing grievance procedure, the CCNAmatter shall then, by notice in writing given to the other party within forty (40) days of the date of the decision of the Publisher or his/PASNAP may within thirty (30) calendar days after her designate, or either party in the Human Resource Manager's answer appeal the matter case of a Union or Employer grievance, be referred to Step Fourarbitration as hereinafter provided. STEP FOUR - If the grievance is still not satisfactorily settledreferred to arbitration within the said forty (40) day period, the matter grievance will be deemed to have been abandoned.
7.08 Time limits in this Article may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings .
7.09 Should a decision on a grievance not be rendered within the time limits provided for above, the grieving party may move the matter to the next step of the Arbitrator shall be final and binding upon the partiesabove procedure.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
124.01 The parties to this Agreement recognize the stewards and the CLAC representative specified in Article 4 as the agents through which employees shall process their grievances and receive settlement thereof. A grievance shall be is defined as any complainta complaint that involves the interpretation, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation administration of this Agreement. Grievances the collective agreement.
24.02 The Employer or the Union shall not be processed and disposed required to consider or process any grievance which arose out of in the following manner: STEP ONE - The employee any action or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have condition more than five (5) work days after receipt the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application, or administration of this Agreement.
24.03 The procedure for processing grievances shall be as follows:
Step 1 Should the employee be dissatisfied with the immediate supervisor’s disposition of the complaint, the employee may, with the assistance of his ▇▇▇▇▇▇▇, refer such matter on a written grievance form supplied by the Union to their immediate supervisor no later than five (5) working days from the date of the verbal reply of the immediate supervisor. The complaint shall constitute a formal grievance at Step 1. The immediate supervisor shall answer the grievance in writing within three (3) working days. The grievance shall contain a brief statement of the nature of the grievance, indicate the relief sought and be signed by the employee or the employees involved.
Step 2 Should the employee be dissatisfied with the disposition of the grievance at Step 1, the grievance may be referred to meet with the grievant and the unit representative president or the CCNA/PASNAP and once the meeting has occurredhis designate, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days after of the manager's immediate supervisor’s reply. The president or his designate, shall answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredin writing, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to working days. Should a meeting be required at Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached2, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step FourUnion ▇▇▇▇▇▇▇ shall be in attendance. STEP FOUR - If the grievance is still not satisfactorily settledsettled within five (5) working days, the matter it may be appealed referred to an impartial Arbitratorarbitration as hereinafter provided.
24.04 A “Group Grievance” is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The Arbitrator grievers shall be selected in accordance with listed on the prevailing rules of the American Arbitration Association applicable to labor arbitrationsgrievance form.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after 24.05 A “Policy Grievance” is defined as one, which involves a question relating to the hearing of the disputeinterpretation, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract fromapplication, or modify in any way any of the terms administration of this Agreement.. The Union or the Employer may initiate a Policy Grievance beginning at Step 2 of the grievance procedure. Such grievance shall be filed within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A 10.01 No grievance shall be defined as any complaint, dispute, controversy or disagreement involving one considered where the circumstances giving rise to it occurred more than seven (7) calendar days before initiating Step 1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise .
10.02 A difference concerning the interpretation, application, meaning administration or interpretation alleged violation of the provisions of this Agreement. Grievances Agreement shall be processed and disposed of dealt with in the following manner: No employee shall have a grievance until he has discussed his complaint with his immediate supervisor. If the employee's immediate supervisor does not settle the matter to the employee's satisfaction, an employee's written grievance may be processed as follows:
(a) STEP ONE - 1: The employee or employees affected concerned, accompanied by his ▇▇▇▇▇▇▇, shall present submit a written grievance in writing to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementsupervisor. The manager grievance shall set out the clause or clauses alleged to have been violated, misapplied or misinterpreted and shall set forth the specific remedy requested. The supervisor shall reply within three (3) working days after the grievance was submitted.
(b) STEP 2: Failing settlement at Step 1, within five (5) working days from the answer being given in Step 1, the employee accompanied by the Local Vice President or designee may submit the grievance to the Operations Superintendent who shall render his decision within five (5) working days after receipt of the grievance to meet with or such longer period as may be agreed upon by the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredparties.
(c) STEP 3: Failing settlement at Step 2, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days after from the manager's answer appeal to being given in Step Two. A grievant in a non-nursing department shall have 2, the right to request a member of Nursing Management to be present at employee accompanied by the grievance hearing. STEP TWO - The grievant and the unit representative Local President or CCNA/PASNAP shall designee may submit the written grievance to the grievant’s Department Head or Human Resource Manager who shall render his or her authorized representative. The Department Head or his or her authorized representative shall have decision within five (5) working days after receipt of the grievance to meet with or such longer period as may be agreed upon by the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredparties.
(d) STEP 4: Failing settlement at Step 3, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days after from the Department Head's answer appeal being given in Step 3, the matter to Step Three. A grievant in a non-nursing department shall have employee accompanied by the right to request a member of Nursing Management to be present at Local President or designee and the National Representative may submit the grievance hearing. STEP THREE - The grievant and to the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Mill Manager who shall have ten render his decision within five (105) work working days after receipt of the grievance or such longer period as may be agreed upon by the parties. Failing satisfactory settlement at Step 4, the Union may refer the grievance to meet Arbitration within Fourteen (14) calendar days of the answer being given at Step 4.
(a) The Union may file a "Policy Grievance" which may not be used to bypass the regular grievance procedure. A policy grievance is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which, because of the nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance. Such policy grievance shall be filed in writing at Step 2 within seven (7) days of the initial incident giving rise to the complaint. The grievance must be signed by an authorized officer of the Union.
(b) The Company shall have the right to lodge a grievance with the grievant Union concerning the meaning, application or interpretation of any provision of this Agreement. The grievance shall be filed in writing with the Union by the Mill Manager or his designate within seven (7) days of the initial incident giving rise to the complaint. A meeting shall be held between representatives of the Company and the unit representative or Union within seven (7) days of filing of the CCNA/PASNAP and once grievance. The grievance shall be answered in writing by the meeting has occurred, Union within ten (10) days to give his or her answerof such meeting. If no Failing satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If of the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with processed through the prevailing rules of the American Arbitration Association applicable to labor arbitrationsarbitration procedure.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
17.01 The parties agree that their interests are best served by the speedy resolution of grievances. A grievance shall be defined To this end, should any differences arise as any complaintto the interpretation, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning administration or interpretation alleged violation of the provisions of this Agreement. , the following procedure for instituting a grievance may be invoked by an individual employee, by a number of employees jointly claiming the same grievance, by the Union or by the Employer.
7.02 If an employee has a complaint, he/she must first give opportunity to his/her immediate supervisor to discuss and resolve the complaint before a grievance is filed.
7.03 Grievances shall be processed and disposed of dealt with in the following manner:
Step 1: STEP ONE - The An employee having a grievance or employees affected shall present a written designated member of a group having a grievance to his or her immediate manager shall, within seven twenty (720) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt the date on which the cause of the grievance occurred or ought reasonably to meet have been known to the grievor(s), take up the grievance, which will be in writing, with the grievant and immediate supervisor outside the unit representative or scope of the CCNAbargaining unit. The supervisor will render his/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer decision in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may writing within five (5) days after of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance grievance.
Step 2: The Union shall designate a committee of not more than two (2) employees and the Union representative to meet take up with the grievant Publisher and/or his/her representative, any grievance not resolved in Step 1.
7.04 All Step 2 written grievances shall contain only one grievance, identify the clause(s) allegedly violated, the persons involved, the date on which the alleged grievance occurred and his the relief sought.
7.05 No grievance may be processed to arbitration unless the requirements of 7.02, 7.03, and 7.04 have been completed.
7.06 Any difference arising directly between the Employer and the Union as to the interpretation, application, administration or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10alleged violation of this Agreement may be submitted in writing by either party within twenty (20) days to give his or her answer. If no satisfactory settlement is reached, following the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at date on which the grievance hearingoccurred or ought reasonably to have been known to the grievor. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who parties shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, as described in Step 2 within ten (10) days following receipt of the grievance and a decision given in writing to give his or her answerthe aggrieved party not more than ten (10) days following the meeting. If no satisfactory settlement Union grievances that pertain to a particular newspaper will be submitted in writing, as outlined above, to the Publisher of that newspaper. In all other instances, Union grievances will be submitted, as outlined above, to the Director of Human Resources. Employer grievances will be submitted to the Local Representative of the Union. It is reachedagreed that all grievances affecting only one member of the bargaining unit will be discussed first with that employee's immediate supervisor (outside the scope of the bargaining unit). All other grievances may be submitted at Step 2.
7.07 In the event a grievance has not been satisfactorily settled under the foregoing grievance procedure, the CCNAmatter shall then, by notice in writing given to the other party within forty (40) days of the date of the decision of the Publisher or his/PASNAP may within thirty (30) calendar days after her designate, or either party in the Human Resource Manager's answer appeal the matter case of a Union or Employer grievance, be referred to Step Fourarbitration as hereinafter provided. STEP FOUR - If the grievance is still not satisfactorily settledreferred to arbitration within the said forty (40) day period, the matter grievance will be deemed to have been abandoned.
7.08 Time limits in this Article may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings .
7.09 Should a decision on a grievance not be rendered within the time limits provided for above, the grieving party may move the matter to the next step of the Arbitrator shall be final and binding upon the partiesabove procedure.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1A. Temple and TUGSA agree that they will use their best efforts to encourage the informal and prompt settlement of grievances. A In the event a grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning between Temple and TUGSA, involving the application, meaning or interpretation and application of this Agreement, a grievance procedure is described below for the orderly resolution of such grievances. Grievances TUGSA shall be processed notified in advance and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at meetings specified in all steps. The grievant shall have the right of TUGSA representation, or may be self-represented.
Step 1. Within fifteen business days after the grievance hearingoccurs or after the grievance should have been known, it shall be presented in writing to the ▇▇▇▇ or his/her designee, as approved by the University. STEP TWO - The grievant ▇▇▇▇ or his/her designee shall discuss and answer the unit representative or CCNA/PASNAP shall submit grievance in writing within five business days after receiving the written presentation, with copies to the ▇▇▇▇▇▇▇ and TUGSA.
Step 2. A grievance unresolved at Step 1 may be appealed to Step 2 within seven business days of the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the response or lack thereof in Step 1. All Step 2 appeals shall be presented in writing and shall be accompanied by a copy of the Step 1 decision. The grievant shall have the option to have the Step 2 grievance responded to meet with in writing or have a formal hearing before a Hearing Officer designated by the University. If the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days chooses to give his or her answer. If no satisfactory settlement is reachedhave a hearing, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request be accompanied by a member of Nursing Management TUGSA representative and present the case to be present at the grievance hearingHearing Officer along with any pertinent documents. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance Temple shall respond to a Human Resource Manager who shall have ten (10) work Step 2 grievance within twenty business days after of receipt of the grievance to meet with written grievance, or within twenty business days of a hearing, whichever process the grievant chooses.
B. Failure on the part of Temple to answer a grievance at any step within the specified time limits shall not be deemed acquiescence thereto and the unit representative grievant or TUGSA may proceed to the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answernext step. If no satisfactory settlement is reachedthe failure to respond occurs at Step 2, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter arbitration provisions of this Agreement may be appealed utilized. Failure by the grievant to an impartial Arbitratorappeal to the next step within the specified time limit shall be deemed acceptance of the decision rendered at that step.
C. A grievance on behalf of Temple may be presented initially at Step 2 by notice in writing addressed to TUGSA at its offices.
D. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays, legal holidays, and Temple-declared holidays.
E. A grievance which affects a substantial number or class of employees may initially be presented at Step 2 by TUGSA. The Arbitrator grievance shall then be selected processed in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsgrievance procedure.
2F. The ▇▇▇▇ or his/her designee may conduct an informal review in an effort to resolve complaints promptly before they rise to the level of a grievance. The costs decisions made in the informal review process shall not be binding on Temple University unless approved by the ▇▇▇▇. This process neither prevents the initiation of arbitration shall be shared equally by thepartiesa formal written grievance at Step 1 nor does it extend time limits.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance It is the mutual desire of the Parties hereto that complaints of a Full Time Civilian shall be defined adjusted as any quickly as possible. It is understood that: An opportunity must be afforded the Officer concerned to review the complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning . In order to ensure that this occurs the application, meaning or interpretation of this Agreement. Grievances Full Time Civilian shall be processed and disposed of in discuss their complaint with the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager Officer concerned within seven (7) work working days the circumstances giving rise to the complaint have occurred. In adjusting their complaint the Full Time Civilian may be accompanied by a member of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementthe Association’s Executive. The manager Full Time Civilian shall contact the Grievance Committee of the Kitchener Professional Fire Fighters’ Association submitting the grievance in writing. If the Grievance Committee of the Association considers the grievance justified they shall submit the grievance in writing in triplicate, one (1) copy of which shall be forwarded to the Fire Chief and/or Deputy Chief or their Management Designate and one to the Director of Human Resources or Designate. If the Fire Chief and/or Deputy Chief or their Management Designate have five not been involved in hearing the complaint, a meeting shall be convened seven (57) calendar days after receipt of the grievance in an attempt to meet resolve the matter. The aggrieved Full Time Civilian shall be represented and accompanied by the Grievance Committee of the Kitchener Professional Fire Fighters’ Association. A written decision shall be rendered within seven (7) calendar days of the meeting together with reasons ▇▇▇▇▇▇▇▇. If the grievant Fire Chief and/or Deputy Chief or their Management Designate have been involved at the complaint stage the meeting shall be waived and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten grievance will be responded to in writing within seven (107) calendar days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance together with reasons therefor. If a settlement is not reached through this procedure, then within seven (7) calendar days, the Grievance Committee and the aggrieved Full Time Civilian may present the to meet the Director of Human Resources or Designate. The Director of Human Resources or Designate will reply to the said grievance within seven (7) working days from the date of the meeting between themselves, the Association and the aggrieved Full Time Civilian. Failing settlement of the grievance, the matter may be referred to arbitration within twenty-one (21) days of the date of the reply from the Director of Human Resources or Designate. A complaint or grievance arising directly between the Employer and the Association the interpretation, application or alleged violation of this Agreement shall be originated directly to the Fire Chief Deputy Chief or their Management Designate and the Director of Human Resources or Designate. Failing settlement under this procedure, the matter may be submitted to Arbitration in accordance with the grievant and his or her unit representative Clause The City Council or the CCNA/PASNAP and once Committee appointed thereafter may refer a Management Grievance to Arbitration in the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at same way as the grievance hearingof a Full Time Civilian. STEP THREE - The grievant and Any grievance by the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative Employer or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may Association as provided in this Clause shall be commenced within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Fourdate of occurrence. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.ARTICLE ARBITRATION
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1(a) A group grievance submitted by a group of employees or a policy grievance submitted by the Union or the Board may be initiated at Step 3 of the grievance procedure. A Written notice of the grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning submitted to the application, meaning or interpretation Manager of this AgreementEmployee Relations. Grievances Such notice shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may filed within five (5) working days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have griever(s) become(s) aware of the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance circumstances giving rise to the grievant’s Department Head or his or her authorized representativecomplaint. The Department Head or his or her authorized representative Manager of Employee Relations shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may reply within five (5) days after days. If the Department Head's answer appeal reply of the matter to Step Three. A grievant in a non-nursing department shall have Manager of Employee Relations is not satisfactory, the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will Union may submit the written such grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected arbitration as provided in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms Article 11 of this Agreement.
(b) Should any difference arise between the Board and an employee as to the interpretation, application, administration or alleged violation of this Agreement, an ▇▇▇▇▇▇▇ effort to settle such difference without delay shall be made in the following sequence and manner.
Step 1 Within five (5) working days of the event which gave rise to the difference, the employee, who shall be accompanied by the ▇▇▇▇▇▇▇, shall discuss the complaint with the supervisor in the area. The supervisor in the area shall reply orally within five (5) working days of the discussion during which time the matter at issue will be discussed with the Manager of Facility Services. A grievance alleging dissatisfaction with a job posting will be initiated at Step 2 of the grievance procedure provided such grievance is lodged with the Manager of Facility Services within five (5) working days of the event that gave rise to the grievance. In situations where there is no immediate supervisor, the complaint will go directly to Step 2.
Step 2 Failing satisfaction, the employee shall, within five (5) working days of the reply of the immediate supervisor above, reduce the grievance to writing detailing the article(s) which is alleged to have been violated, and sign the grievance. The employee, accompanied by the ▇▇▇▇▇▇▇, or an appropriate Union official, shall submit the grievance to the appropriate manager who, together with the appropriate supervisor, shall endeavour to settle the dispute and shall reply in writing within five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1It is the mutual desire of the parties that employee complaints be adjusted as quickly as possible. A grievance shall In order to effectively deal with alleged violations of the collective agreement, such allegations will be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of acted upon in the following manner: STEP ONE - The employee or employees affected Step One (Complaint): Employees shall present first give their immediate supervisor the opportunity of adjusting their complaint. Such complaint shall be in writing on a written grievance complaint form, which may be delivered in electronic format as a scanned file, given to his or her immediate manager the supervisor within seven ten (710) work working days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt after the circumstances giving rise to affect a satisfactory settlementthe complaint have occurred. The manager shall have Within five (5) working days after receipt of receiving the grievance to complaint, the supervisor will meet with the grievant and employee to discuss the unit representative or complaint. The employee may be accompanied by one union representative. The supervisor shall return the CCNA/PASNAP and once form to the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may employee within five (5) working days after of the manager's answer appeal meeting, with their written response. Failing settlement, it may then be forwarded to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may 2 within five (5) working days after of receipt of the Department Head's answer appeal response. In the matter event the issue concerns a posting, the grievance shall be discussed with the Supervisor making the hiring decision. Such grievance shall originate at Step 2 of the grievance process. Step Two: If the complaint is not resolved at Step One, the Grievance Chair or designate may forward a grievance, in writing, which may be delivered in electronic format as a scanned file, to the Director of Employee Relations or designate, within five (5) working days of the receipt of the response at Step ThreeOne, and attach a copy of the Step One form. The written grievance, signed by the aggrieved employee and/or union representative must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement, which are alleged to have been violated. The parties agree that the carriage of the grievance remains with the Union. A grievant in a non-nursing department shall have meeting will be held within fifteen (15) working days from the right to request a member date of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to at Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial ArbitratorTwo. The Arbitrator shall be selected in accordance with meeting will include the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2appropriate management and union representatives. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's A decision shall be rendered delivered, in writing, to the Chairperson of the Grievance Committee, within thirty five (305) working days after from the hearing of date on which the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the partiesmeeting was held.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance under the Agreement shall be defined as any difference or dispute between the Board and any When an employee is to be by any representative of the Board the employee must be by a of the Union Grievance Committee. The parties to this Agreement are agreed that it is of the utmost Importance to adjust complaints and grievances as quickly as possible. It is understood that an employee has no grievance until the employee has first given the employee's team leader an opportunity to adjust the complaint. The employee shall meet with the employee's team leader to present the complaint no later than ten days from the time of the alleged complaint. The team leader will give an answer (5) working days and failing a settlement satisfactory to the employee, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which Step of the grievance procedure may arise concerning the application, meaning or interpretation be invoked. of this Agreement. Grievances An effort shall be processed made to settle any grievance fairly and disposed of promptly in the following manner: STEP ONE - If an employee is satisfied that the employee has a grievance, that employee shall meet with the employee's immediate supervisor and present the grievance in writing no later than fifteen (15) days from the time of the alleged grievance and the employee may have the assistance of a member of the Grievance or a ▇▇▇▇▇▇▇ if so desired. The employee or employees affected shall present supervisor will give a written answer within ten (10) working days, and failing a satisfactory to the employee, Step of the Grievance Procedure may be invoked. If not settled at the informal step, the complaint will within fifteen (15) days be submitted as a written grievance by the Union to his the Executive Officer of Human Resources or her immediate manager designate. The grievance shall not be subject to change following submission. The Executive Officer shall give a written reply within seven (7) work ten days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt the submission of the grievance. If not settled Step the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, will within ten (10) days to give his or her answer be in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance writing to the grievant’s Department Head or his or her authorized representativeChief Administrator. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to Chief OperationsAdministratorshall give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, reply ten (10) days of the submissionof the grievance. not settled in Step the grievance will within ten days be submitted in to give his or her answerthe Union Committee to the Board's to be dealt with at a meeting at a mutually agreeable within ten (10) days of submission. The of the designate be given to Union Grievance Committeewithin ten days after this meeting. If no satisfactory settlement is reached, not then settled. the CCNA/PASNAP grievance may within thirty (30) calendar days be referred to arbitration as follows: Written notice by registered mail shall be given to the other party formally stating the subject of the grievance and at the same time nominating an appointee. Within ten (10) days upon receipt of such notice the other party shall name an appointee. The appointees representingboth parties shall meet within fifteen (15) days and will attempt to agree on a Chairperson of the Arbitration Board and failing such agreement within ten days after they have first met either party may, within ten days, request the Human Resource Manager's answer appeal Minister of Labour for the matter Province of Ontarioto name such a Chairperson. If agreed to Step Four. STEP FOUR - If by the grievance is still not satisfactorily settled, Board and the matter Union an Arbitration Board may be appealed to an impartial waived in favour of a Single Arbitrator. The In this event, such Single Arbitrator shall be selected in accordance with jointly by the prevailing rules Board and the Union. If the parties are unable to agree on the selection of a Single Arbitrator within twenty (20) days, they shall request the Minister of Labour for the Province of Ontario to name such an Arbitrator. The Arbitration Board or Single Arbitrator may determine the procedureto be followed but shall give full opportunityto all parties to present evidence and make representation. The Arbitration Board or Single Arbitrator shall hear and determine the difference or allegation and render a decision. Where a grievance is referred to an Arbitration Board, the decision of the American majority shall be the decision of the Arbitration Association applicable to labor arbitrations.
2Board. Where there is no majority decision, the decision of the Chairpersonshall be the decision of the Arbitration Board. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Board or Single Arbitrator shall be final and binding upon and enforceable on all parties, but in no event shall the parties.
4Arbitration Board or Single Arbitrator have the power to change this Agreement or to alter, modify or amend any of its provisions. The However, the Arbitration Board or Single Arbitrator shall have jurisdiction only over disputes arising out the power to dispose of grievances as defined any discharge or discipline grievance by any arrangement which is, in Section 1 the opinion of the ArticleArbitration Board or Single Arbitrator, deemedjust and he or she equitable. Each party shall have no power to add to, subtract from, or modify in any way any pay the following: the fees and expenses of the terms Arbitrator it appoints; and, one-half the fees and expenses of the Chairperson. Arbitrator one-half the fees and expenses of the Single The limits both grievances and procedures may be extended by of the parties to this Agreement. For the purpose of this Agreementsection shall mean working days other than Saturday, Sunday or paid holidays. Replies to grievances shall be in writing at all steps with the exception of the informal stage. The same shall be used at all steps of the Grievance Process.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1Section 19.1. A grievance shall be is defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees an employee claim against the Employer arising out of the interpretation and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation application of specific provisions of this Agreement.
Section 19.2. Grievances The steps toward settlement of a grievance shall be processed and disposed of in as follows:
Step 1. An employee shall discuss any alleged violation orally with the following manner: STEP ONE - The employee employee's Corrections Captain or employees affected shall present a written grievance to his or his/her immediate manager designee within seven (7) work calendar days following its occurrence in an effort to resolve the problem in an informal manner. Any Agreement reached at this oral first step of its occurrencethe procedure will not be precedent setting.
Step 2. If the oral discussion of the complaint or problem fails to resolve the matter, the aggrieved employee, with a unit representative or without the assistance of CCNA/PASNAPthe Employee Organization, shall present the grievance in an attempt writing to affect a satisfactory settlementthe Jail Administrator, citing specific provisions of the Agreement allegedly violated within seven (7) calendar days following the oral discussion. The manager If the aggrieved employee is under the Jail Administrator's jurisdiction, the written grievance shall have five (5) days after be submitted to the Jail Administrator. On or before the fifth working day following receipt of the written grievance, the appropriate officials will answer the grievance to meet with in writing.
Step 3. If the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached Step 2 fails to resolve the grievant or CCNA/PASNAP may within five (5) days after grievance, the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP aggrieved employee shall submit the written grievance to the grievant’s Department Head Sheriff or the individual acting on his or her authorized representative. The Department Head or his or her authorized representative shall have five behalf within seven (57) calendar days after following receipt of the grievance to meet with Step 2 answer for his consideration. On or before the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after fifth working day following receipt of the grievance, the Sheriff, or the individual acting on his behalf, shall answer the grievance in writing.
Step 4. If the Sheriff's or his designee's answer in Step 3 fails to resolve the grievance, upon recommendation of the aggrieved employee, the Employee Organization shall refer the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten County’s Human Resources Director within seven (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (307) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2receipt of the Step 3 answer. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty Within fifteen (3015) working days after following the hearing HR Director's receipt of the disputewritten grievance, unless both a meeting shall have been held between the HR Director and a representative of the Employee Organization, and the HR Director shall have answered the grievance in writing with
Section 19.3. If a grievance is not presented within any of the time limits specified in the steps set forth above and Article 20, it shall be considered waived and the Employer's last answer shall be final and binding. Time limits may be extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
19.01 It is the mutual desire of the Parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an Employee or the Union on their behalf, has no grievance until the employee’s immediate supervisor has been given an opportunity to adjust the complaint. If an employee has a complaint s/he shall discuss it with her/his immediate supervisor within fifteen (15) days after the employee would reasonably be expected to have become aware of the circumstances giving rise to the complaint. The immediate supervisor shall be allowed seven (7) days to communicate her/his answer to the complainant. Failing settlement, it may then be taken up as a grievance. In the case of a job competition grievance, it is understood that the appropriate supervisor will be the recruiting supervisor. A grievance shall be is defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning a complaint with respect to the application, meaning interpretation, administration or interpretation alleged violation of this Agreement. Grievances At any stage of the grievance procedure (including the verbal complaint stage) the grievor may be accompanied by a Union representative, who may be an employee of the University.
Step 1 Within seven (7) days of the supervisor’s decision the employee or the Union may present the alleged grievance in writing, on a form agreed to by the University and the Union, to her/his supervisor’s supervisor. Each written grievance shall be processed signed by the grievor or the Union and disposed shall include:
(a) the date of presentation;
(b) the nature of the grievance;
(c) the remedy sought;
(d) the paragraph or paragraphs of this Agreement allegedly violated or the alleged occurrence said to have caused the grievance. The employee may be assisted in the following manner: STEP ONE - The presentation of the grievance by a Union representative who may be an employee or employees affected of the University. Failing an immediate settlement, the supervisor shall present a written grievance deliver the decision in writing to his or her immediate manager the employee and to the Union within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt following the presentation of the grievance to her/him. Step 2 If not settled at Step 1, the grievor or the Union together with a representative of the Union Grievance Committee, as hereinafter constituted, may submit the alleged grievance to the Assistant Vice-President Human Resources or designate within seven (7) days of the reply of Step 1. The Assistant Vice President Human Resources or designate shall meet with the grievant grievor, the Union Grievance Committee, and the unit representative or the CCNA/PASNAP and once the meeting has occurred, Local Union President within ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached of the grievant or CCNA/PASNAP may within five (5) days after presentation of the manager's answer appeal to Step Twogrievance. A grievant Representative of the International Union may also be in a nonattendance if requested by either Party. The Assistant Vice-nursing department President Human Resources, or designate shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNArender her/PASNAP shall submit the written grievance his decision in writing to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt grievor and to the Chair of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Union Grievance Committee within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsabove meeting.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1The Company and Union agree that it is of utmost importance to adjust complaints and/or grievances as quickly as possible. A grievance shall Should an employee have a complaint that the employee deems necessary to register, the employee will either alone or with Committee person, discuss the matter with the employee’s Foreperson within two (2) working days following the date the occurrence took place or after discovery of the occurrence causing said complaint. The employee’s ▇▇▇▇▇▇▇▇▇▇ will have up to three (3) working days in which to reply to the complaint. Should the complaint not be defined as any complaintadjusted satisfactorily, disputeit may be reduced in writing, controversy signed by the employee and/or Union Representative and presented to the Departmental Supervisor, or disagreement involving one a Designated Representative, within three (13) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work working days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance answer to meet with the grievant and the unit representative complaint. The Departmental Supervisor or the CCNA/PASNAP and once the meeting has occurreda Designated Representative will, ten within three (103) days to working days, give his or her answer their reply in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledanswered by the Company in the required time, the matter it may be appealed to the next step by the Union or if the reply is not satisfactory, the Committee person may present an impartial Arbitrator. The Arbitrator shall be selected appeal to the grievance in accordance with writing to the prevailing rules Human Resources Manager or designated representative within three (3) working days of receipt of the American Arbitration Association applicable to labor arbitrations.
2answer. The costs of arbitration shall A meeting will then be shared equally by theparties.
3. The Arbitrator's decision shall be rendered held between the Company and Plant Committee within thirty (30) working days after days. Either the hearing President of Local and/or the International Representative of the disputemay be present and take part in any such conference. A written disposition will be given on the grievance within seven (7) working days of the date of such meeting. An employee who has been discharged and wishes to register a grievance must do so in writing within five (5) working days of written notification of discharge and such grievance will be dealt with beginning at Step Three. All Policy Grievances, unless Group Grievances, and Company Grievances will automatically begin at Step of the Grievance Procedure. The time limits referred to above may be extended by mutual agreement. If a settlement is not reached at Step the Union may request that the grievance be submitted to arbitration, in which event they will make such request in writing within twenty (20) working days after the disposition of Step The findings arbitrator will, within ten (10) days from the date of receipt of the Arbitrator shall notice of appeal, be selected by mutual agreement between the Company and the Union. In the event of failure to agree, either party will submit a request to the Ministry of Labour of the Province of Ontario to furnish a panel of five (5) qualified and available arbitrators. Upon receipt of the panel names, representatives of the Company and the Union will meet and proceed to select the arbitrator. Failing a mutual selection, the parties will each, beginning with the Union, strike alternately one (1) name at a time, until each party has eliminated two (2) names from the panel. The one (1) remaining name will be the arbitrator. The decision of the arbitrator will be final and binding upon the parties.
4Company and the Union. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of arbitrator will not be authorized to make any decision inconsistent with the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. Each of the parties hereto will bear one-half the expenses of the arbitrator and the shares will be paid directly to the arbitrator. In the event that the parties cannot agree on an arbitrator for discharge cases, the arbitrator will be selected through the Ministry of Labour in accordance with the Labour Relations Act, Chapter Article When an employee is discharged, will be given the opportunity of being interviewed by Committee person prior to being requested to leave the plant and the employee will be so advised of this option. If, however, due to the nature of the offense or happening, it is deemed necessary by the Company to initiate immediate expulsion of the employee from the plant, a Committee person will be given an opportunity to immediately interview the discharged employee at a convenient location “off the company premises”.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The procedural steps of the grievance procedure shall be as follows:
Step 1: The Employee shall present the basis for his/her dispute to his/her Union representative who shall advise him/her of his/her rights and assist the Employee and the Supervisor to reach an amicable solution. The presentation may be either oral or written, and must include Article and/or Section being grieved, and the remedy sought. A written answer will be provided within ten (10) working days following the Step 1 meeting.
Step 2: If the employee does not receive a satisfactory answer in Step 1 the employee may appeal the grievance to the General Manager, within ten (10) working days following receipt of the Step 1 response. The grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees dated and CROZER or between CCNA/PASNAP signed by the grievant and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shop ▇▇▇▇▇▇▇ and shall be processed and disposed of in set forth the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt nature of the grievance to including contract provisions allegedly violated, facts and pertinent dates, and the remedies desired. The General Manager or designee will arrange for and will meet with the grievant and the unit representative or shop ▇▇▇▇▇▇▇ within ten working days following receipt of the CCNA/PASNAP and once the meeting has occurred, written grievance. A written answer will be provided within ten (10) working days to give his or her following the Step 2 meeting.
Step 3: If the employee does not receive a satisfactory answer in writing. If no satisfactory settlement is reached Step 2, the grievant or CCNA/PASNAP employee may within five (5) days after appeal the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five Personnel Committee within ten (510) working days after following receipt of the grievance Step 2 response. The Chair of the Employer’s Personnel Committee, or designee, will arrange to meet with the grievant grievant, shop ▇▇▇▇▇▇▇ and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredUnion representative, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit receipt of the written grievance to a Human Resource Manager who shall have from the Union. A written answer will be provided within ten (10) work working days after receipt of following the grievance to meet with Step 3 meeting.
Step 4: In the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If event that the grievance is still not satisfactorily settledunresolved, the matter Union may be appealed submit the issue to an impartial Arbitrator. The Arbitrator shall be selected arbitration in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2NYS Public Employment Relations Board. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she arbitrator shall have no power to add to, subtract from, from or modify in any way any of alter the specific terms of this Agreementagreement. The fees and expenses of the arbitrator and the cost of the hearing room, if any shall be shared equally by the parties. The arbitrator’s decision and award shall be in writing and delivered within thirty (30) days from the date the record is closed. The decision shall be final and binding upon the parties. If appeals by the grievant or his/her representative to the employer’s decision are not timely for each step as defined above, the decision at the previous step shall be binding. If the Employer fails to respond in a timely manner as defined for each step above, the grievance will automatically advance to the next step.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. First Step: An attempt shall be made to resolve any grievance in an informal, verbal discussion between the employee and the immediate administrative supervisor.
1B. Second Step: If the grievance cannot be resolved informally, the employee shall file the grievance in writing with the immediate administrative supervisor. A The written grievance shall be defined as any complaintstate the nature of the grievance, disputeshall note the specific clause(s) of the Agreement and shall state the remedy requested. The filing of the formal, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager at the second step must be within seven (7) 20 work days from the date of its occurrence, with a unit representative the occurrence of CCNA/PASNAP, in an attempt the event giving rise to affect a satisfactory settlementthe grievance. The manager immediate administrative supervisor shall have five (5) days make a decision on the grievance and communicate it in writing to the employee within 10 workdays after receipt of the grievance.
C. Third Step: In the event a grievance to meet with has not been satisfactorily resolved at the grievant and second step, the unit representative or the CCNA/PASNAP and once the meeting has occurredemployee shall file, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) work days after of the managerimmediate administrative supervisor's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present written decision at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt second step, a copy of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answerAssistant Superintendent for Human Resources. If no satisfactory settlement Within 10 workdays after such written grievance is reachedfiled, the grievant or CCNA/PASNAP may employee and the Assistant Superintendent for Human Resources shall meet to resolve the grievance. The Assistant Superintendent for Human Resources shall file an answer within five (5) 10 work days of the third step grievance meeting and communicate it in writing to the employee and immediate administrative supervisor.
D. Fourth Step: Within 10 work-days after receiving the Department Head's answer decision of the Assistant Superintendent for Human Resources an appeal may be made to the Superintendent. The appeal shall be in writing and shall set forth the act or conditions and the grounds on which the grievance is based. Within 10 workdays after the Superintendent has received the grievance, a meeting will be arranged between the employee and the Superintendent with the object of solving the matter to Step Threeformally. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) Within 10 work days after such meeting the Superintendent shall communicate the decision in writing with supporting reasons to the employee.
E. If CAMEO disagrees with the decision of the Superintendent, it shall notify the Superintendent within 20 working days of the date of receipt of CAMEO's desire to have the grievance processed to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitratorbinding arbitration. The Arbitrator impartial arbitrator shall be selected in accordance with chosen from a list to be provided to the prevailing rules of parties by the American Arbitration Association applicable to labor arbitrations.
2Association. The costs cost of the arbitration shall be shared equally by thepartiesCAMEO and the Board. Every effort will be made to process grievances and conduct arbitration during non-work hours.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after F. In the hearing case of a class action grievance, it may begin at the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the partiesthird step.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 The purpose of this Article is to establish a procedure for the settlement of grievances, the Employer and Union agreeing that it is of utmost importance to adjust complaints and grievances as quickly as possible.
17.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Collective Agreement shall discuss his complaint with his Supervisor. A grievance Such a complaint shall be defined as any brought to the attention of the Supervisor within three working days of the incident giving rise to the complaint. The Supervisor shall state his decision verbally within three working days of receiving the complaint.
Step 1 Should the employee be dissatisfied with the Supervisor’s disposition of the complaint, disputehe may, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning with the applicationassistance of his Union Committee- person, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present refer such matter on a written grievance form supplied by the Union to the Shift Leader or his or her immediate manager designee, who shall answer the grievance in writing within seven (7) work five working days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within five working days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the reply of the Supervisor to the complaint. The grievance to meet with shall set out the grievant article or articles and sub-sections of the unit representative or Collective Agreement of which a violation is alleged, and indicate the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. general relief sought.
Step 2 If no satisfactory settlement is reached at Step 1, the grievant or CCNA/PASNAP may Union Committeeperson and representatives of management shall meet within five (5) working days after or a time mutually agreed upon, to discuss the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at grievance, and if the grievance hearing. STEP TWO - The grievant and is not resolved as between the unit representative or CCNA/PASNAP shall submit parties at that time, the written grievance to the grievantgrievor’s Department Head Manager or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may designee will respond in writing within five (5) days after the Department Head's answer appeal the matter to Step Threeworking days. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledsettled within five working days of the Employer’s written response, it may be referred to Step 3 as hereinafter provided.
Step 3 If no settlement is reached at Step 2, the matter Union Committeeperson and representatives of management, including the Plant Manager and/or his designee, shall meet within five working days, or a time mutually agreed upon, to discuss the grievance, and if the grievance is not resolved as between the parties at that time, the Human Resources Manager or his designee will respond in writing within five working days. The Union’s National and/or Local Representative may be appealed in attendance at this meeting. If the grievance is not settled within ten working days of the Employer’s written response, it may be referred to arbitration as hereinafter provided.
7.03 The Union or the Employer may initiate a grievance beginning at Step 3 of the Grievance Procedure. Such grievance shall be filed within ten working days of the incident giving rise to the complaint and be in the form prescribed in Step 1. Any such grievance may be referred to arbitration under Article 8 by either the Union in the case of a Union grievance or the Employer in the case of an impartial ArbitratorEmployer grievance. The Arbitrator Union may not institute a grievance directly affecting an employee or employees which, such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed.
7.04 Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedures within the time specified shall be selected deemed to have been dropped. However, time limits specified in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall Grievance Procedure may be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of agreement in writing between the Arbitrator shall be final Employer and binding upon the partiesUnion.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she 7.05 A probationary employee shall have no power right to add tolodge a grievance or file a request for arbitration, subtract from, or modify in any way any provided the decision of the terms of this AgreementEmployer was not exercised in a discriminatory manner.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
SECTION 1. A grievance shall be defined Should differences arise between the Employer and the Union or any employee of the Company as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning to the application, meaning or interpretation application of the provisions of this Agreement. Grievances , there shall be processed and disposed no suspension of work but an earn▇▇▇ ▇▇▇ort will be made to settle such differences in the following manner: STEP ONE - :
(a) The aggrieved employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, first take the matter up with a unit representative of CCNA/PASNAPthe Shop Stew▇▇▇ ▇▇ Business Representative who, in an attempt to affect a satisfactory settlementturn, will take the grievance up with the Supervisor in charge of the department. The manager This shall have be done within five (5) days of the knowledge of the occurrence of the incident or all rights under this Article shall be forfeited. Employees shall have the Shop Stew▇▇▇ ▇▇ Business Representative present on any grievance. If a satisfactory settlement (to the employee and Stew▇▇▇ ▇▇ Business Representative involved) is not effected with the Supervisor within one (l) working day the employee or employees involved shall submit such grievance to the Shop Stew▇▇▇ ▇▇ Business Representative in writing.
(b) The Shop Stew▇▇▇ ▇▇ Business Representative shall submit the written grievance to the General Manager of the Employer or other designated representative of the Employer with authority to act within five (5) working days after the conclusion of Step l and such Company representative shall offer a decision within five (5) working days after receipt of same, and if this time limit is not complied with, the grievance to meet shall be forfeited.
(c) The Shop Stew▇▇▇, ▇▇ong with the grievant Union Representative, shall submit the written grievance to the General Manager of the Employer or his designated representative with authority to act within five (5) workings days within the conclusion of Step 2 and such Company representative shall offer a decision within five (5) working days after receipt of such written grievance.
(d) No employee shall have the unit representative right to require arbitration, that right being reserved to the Union or the CCNA/PASNAP and once the meeting has occurred, ten Employer exclusively.
(10e) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within Within five (5) days after the manager's answer appeal to Step Two. A grievant in determination is made that a non-nursing department shall have grievance cannot be resolved, the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant Union and the unit representative or CCNA/PASNAP Employer shall submit to each other the written grievance names of individuals who would be agreeable to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance each other to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answerserve as arbitrator. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may parties cannot agree upon a mutually agreeable arbitrator the parties shall within five (5) days after thereafter make a joint written request to the Department Head's answer appeal Federal Mediation and Conciliation Service for a panel of five (5) arbitrators, one of whom shall decide the matter matter. The panel of arbitrators shall be sent by said service to Step Threeboth parties. A grievant in a nonThe Union shall within seventy-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten two (1072) work days hours after receipt of such panel strike one (1) name from the grievance to meet with list of nominees so submitted and forthwith notify the grievant and other party of the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitratorname so stricken. The Arbitrator parties will alternately strike such submitted names until only one (1) nominee name remains. Such sole remaining nominee whose name has not been stricken shall then automatically become the chosen arbitrator for the single specific grievance. Notice of the selection of the arbitrator shall be selected in accordance with given forthwith the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2Federal Mediation and Conciliation Service. The costs arbitrator so selected shall proceed to decide the designated grievance and shall not be empowered to modify, add to, subtract from or otherwise alter the provisions of arbitration shall be shared equally by theparties.
3this Agreement. The Arbitratorarbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4employees, the Union and the Company involved. Only one (1) grievance may be heard before a designated arbitrator, except where the partied mutually agree otherwise. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 fees and expenses of the Article, arbitrator in conducting the arbitration proceeding and he or she in making a decision shall have no power be borne equally by the parties to add to, subtract from, or modify in any way any of the terms of this Agreement.
(f) When the grievance settlements contain a monetary settlement such settlement must be paid within fifteen (15) days after such settlement or the grievant will receive six percent (6%) on the unpaid settlement.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Delicious Frookie Co Inc /De/)
GRIEVANCE PROCEDURE.
1. A 9.01 For the purpose of this Agreement a grievance shall be is defined as any difference between the Employer and an employee or group of employees concerning the interpretation, application, administration or alleged violation of this Agreement and/or the discipline or discharge of an employee including any question as to whether a matter is arbitrable.
9.02 It is the mutual desire of the Employer and the Union that complaints and grievances be adjusted as quickly as possible. Either party may request a time extension, verified in writing, such request will not be unreasonably denied.
9.03 Prior to filing a written grievance, the employee and/or the District Chair or Vice Chair will first give the Supervisor or the Manager an opportunity to adjust the complaint. The employee and/or the District Chair or Vice Chair (or designate), shall discuss the complaint with the Supervisor or the Manager within five (5) calendar days after the circumstances giving rise to the complaint originated or occurred or from the time the employee ought reasonably to have become aware of the circumstances giving rise to the complaint, disputewhichever is later. Failing settlement of the complaint by the Supervisor or the Manager within five (5) calendar days, controversy it may be taken up as a written grievance within five (5) calendar days following the reply of the Supervisor or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of Manager in the following manner: STEP ONE - The employee or employees affected shall present a Step No. 1 A written grievance may be submitted by the District Chair or Vice Chair to the Manager or his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementdesignate. The manager nature of the grievance, the remedy sought and the section(s) of the Agreement alleged to have been violated shall have be set out in the grievance. The Manager or his designate shall deliver his decision in writing within ten (10) calendar days following the presentation of the grievance to him. Failing settlement, then: Step No. 2 Within five (5) calendar days after receipt of following the grievance to meet with decision in Step 1, the grievant and the unit representative District Chair or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall Vice Chair will submit the written grievance to the grievant’s Department Head Manager (Headquarters) or his designate unless extended by mutual agreement of the parties in writing, and a meeting shall be held between the Employer, an official of the Union, the Grievor and the District Chair or her authorized representativeVice Chair at which time the grievance shall be discussed. The Department Head decision of the Manager or his or her authorized representative designate shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may be given in writing within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work calendar days after receipt following this meeting. Copies of the grievance Employer’s reply shall be forwarded to meet with the grievant Grievor, District Chair or Vice Chair and official of the unit representative or Union who attended at the CCNA/PASNAP and once Step 2 meeting.
9.04 Failing settlement under the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reachedforegoing procedure, the CCNA/PASNAP matter may be submitted to arbitration within thirty fifteen (3015) calendar days after the Human Resource Manager's answer appeal the matter to decision under Step Four. STEP FOUR - If the grievance 2 is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsgiven.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance 9.01 It is the mutual desire of the Parties hereto that any complaint or cause for dissatisfaction arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement shall be defined adjusted as any quickly as possible.
9.02 It is generally understood that an employee has no complaint or grievance until he/she, either directly or through the Union, has first given his/her immediate supervisor an opportunity to adjust the complaint.
9.03 If, dispute, controversy or disagreement involving after registering the complaint with the immediate supervisor and such complaint is not settled within one (1) regular working day or more employees and CROZER or between CCNA/PASNAP and CROZER within any longer period which may arise concerning have been agreed to by the applicationParties, meaning or interpretation then the following steps of this Agreement. Grievances the Grievance Procedures may be invoked: The grievance shall be processed submitted in writing to the immediate Supervisor either directly or through the Union. The grievance shall identify the nature and disposed the facts of in the following manner: STEP ONE - grievance and the remedy sought. The employee or employees affected immediate Supervisor shall present a written grievance to his or her immediate manager meet with the employee's Union ▇▇▇▇▇▇▇ within seven three (73) work working days of its occurrence, with a unit representative the receipt of CCNA/PASNAP, the grievance in an attempt to affect a satisfactory settlementresolve the grievance. The manager grievor may be present at this meeting if requested by either Party. The immediate Supervisor shall have within a further three (3) working days give his/her answer to the grievance to the Union. Within five (5) working days after following the decision under Step One, the grievance may be submitted to the Department Head or designate who will discuss the grievance with the ▇▇▇▇▇▇▇ with or without the presence of the employee within three (3) days of the receipt of the grievance to meet with and will deliver his/her decision in writing within five (5) working days from the grievant and date on which the unit representative written grievance was presented. Once the Department Head or designate responds, then the CCNA/PASNAP and once the meeting union has occurred, ten (10) days from the receipt of the response to give his decide if the grievance will move to step 3. Failure to comply with this time limit will consider the grievance null and void. Failing settlement or her answer in writing. closure, then: If no satisfactory settlement is reached the grievant grievance remains unsettled at the conclusion of Step Two, the grievance may be submitted to the CHRO or CCNA/PASNAP may designate who shall within five (5) working days after hold a meeting between the manager's answer appeal Union Grievance Committee (not to Step Two. A grievant exceed two (2) in number plus the Local Union President) and the appropriate representatives of Management, in a non-nursing department shall have final attempt to resolve the right to request a member grievance. The Field Staff Representative of Nursing Management to the Union and the Grievor may be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativethis meeting if requested by either party. The Department Head CHRO or his or her authorized representative designate shall have within a further five (5) working days give his/her decision, in writing, to the Union.
9.04 The Company shall not be required to consider any grievance which is not presented within fifteen (15) working days after receipt the grievor or the Union first became aware of the alleged violation of the Agreement. Thereafter the time limits in Article 9.03 shall be considered discretionary and not mandatory.
9.05 If final settlement of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to not reached at Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at Three then the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance may be referred in writing by either Party to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredArbitration as provided in Article 11, ten (10) days to give his or her answer. If no satisfactory settlement is reachedArbitration, the CCNA/PASNAP may at any time within thirty (30) calendar days after the Human Resource Manager's answer appeal decision is received under Step Three.
9.06 It is understood that the matter Company may bring forward at any meeting held with the Union Grievance Committee any complaint with respect to Step Four. STEP FOUR - If the conduct with the Union, its Officers or Committee members, or members, and that if such a complaint is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred directly to Arbitration in the same way as the grievance is still not satisfactorily settled, the matter may be appealed to of an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsemployee.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
18.01 The parties agree that it is of the utmost importance to resolve complaints and grievances concerning the interpretation or alleged violation of this agreement as quickly as possible. A It is understood that an employee has no grievance until they have first discussed the concern with their immediate supervisor through a committeeperson, and given the supervisor an opportunity to resolve the concern. If after discussing the concern with their Supervisor and the concern is not settled within three (3) regular working days, then the following steps of the grievance procedure shall be defined as any complaint, dispute, controversy or disagreement involving one (followed.
Stage 1) or more employees and CROZER or between CCNA: The grievor/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager Union shall have five (5) working days after receipt from the day following Supervisor’s decision to file a grievance of the alleged violation of the Collective Agreement. The grievance shall be submitted and signed in writing by the employee/Union affected to meet the Department Manager directly, or through Human Resources. The grievance must include all details and documentation of the alleged concern. The Manager shall within three (3) working days, respond in writing. The time allowed to advance the grievance at the end of this stage will be five (5) working days from the date of the written answer.
Stage 2: If the decision of the Department Manager is not satisfactory, the grievance shall be submitted to the Human Resources Manager or designate, with further details, who shall hold a meeting with the grievant Committeeperson, in an attempt to resolve the grievance. The Human Resources Manager shall within a further five (5) working days, respond in writing. If the grievance is not resolved, it can proceed to Stage 3. The time allowed to advance the grievance at the end of this stage will be five (5) working days from the date of the written answer.
Stage 3: If the grievance remains unsettled at the conclusion of Stage 2, the grievance shall be submitted with further details to the Plant Manager, or designate, who will involve the Director of Human Resources, and the unit representative or the CCNA/PASNAP and once the meeting has occurred, who within ten (10) working days of the submitted grievance, will hold a meeting with the union, in an attempt to give his or her answer in writing. If no satisfactory settlement is reached resolve the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativegrievance. The Department Head General Manager, or his or her authorized representative designate shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have further ten (10) work working days after receipt give his decision in writing to the grievor.
8.02 Policy or group grievances dealing with production standards, suspensions, and discharges or terminations will commence at the third (3rd) step of the grievance procedure, with strict adherence to meet with the grievant and terms of the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten third (103rd) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If step of the grievance is still not satisfactorily settledprocedure.
8.03 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent, the in writing by both parties.
8.04 No matter may be appealed submitted to an impartial Arbitrator. The Arbitrator arbitration, which has not been properly carried through all previous steps of the grievance procedure.
8.05 Failing a satisfactory settlement as in Step 3, the grievance may be submitted to arbitration as outlined in Article 9 of this agreement.
8.06 Any grievance not presented and/or carried forward within the time limits as set forth under any steps of the grievance procedure and arbitration procedure, or any longer periods which may have been mutually agreed upon, shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsdeemed null and void.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Memorandum of Agreement
GRIEVANCE PROCEDURE.
Section 1. : A grievance shall will be defined as any complainta specific difference, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning complaint arising expressly from the interpretation, administration, application, meaning or interpretation alleged violation of the terms of this Collective Bargaining Agreement. Grievances shall .
Section 2: When the grievance is reduced to writing, following the process set forth below, such grievance must reference the specific article(s) of the contract that are alleged to be processed and disposed of in violation.
Section 3: It is recognized that it is in the following mannerbest interest of employees, management, and the public that disputes, complaints, and differences are resolved informally.
Section 4: STEP ONE - The A grievance will not be considered to exist until a complaint has been made by an employee or employees affected shall a union-designated / Company-recognized ▇▇▇▇▇▇▇ to, and has not been resolved by, the employee's immediate supervisor.
Step 1 - For the grievance to proceed, the Union must present a the grievance, signed and in writing, to the Food Service Director, or the designated management representative, within ten (10) working days of the event giving rise to the grievance or ten (10) working days from the time the employee or the Union should reasonably have known of the occurrence of the event upon which the grievance is based. Failure to meet this time requirement will exclude the grievance from further consideration. A Union Representative or ▇▇▇▇▇▇▇ will meet with the Food Service Director, or the designated management representative, within five (5) working days from the presentation of the written grievance to his attempt to resolve the grievance. The manager will have five (5) working days from the date of the Step 1 meeting to respond, in writing, to the grievance.
Step 2 - If the Union is not satisfied with the response in Step 1, the grievance must then be submitted by the Union Representative to the Regional District Manager or her immediate manager Labor Relations Director, or the designated management representative, within seven (7) work working days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance Step 1 response. Failure to meet with this time requirement will exclude the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no grievance from further consideration.
Step 3 - Failing a satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reachedat Step 2, the grievant or CCNA/PASNAP matter may be referred by the grieving party to Arbitration, within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member period of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after from the Human Resource Managerreceipt of the Company's written answer appeal at Step 2. Failure to meet this time requirement will exclude the matter grievance from further consideration.
Section 5: The parties agree to Step Fourfollow each of the foregoing steps in the processing of the grievance. STEP FOUR - If at any step the Company's representative fails to give the written answer within the time limit therein set forth, the Union automatically moves the grievance to the next step at the expiration of such time limit. If the Union fails to comply with the time limits set forth in the grievance procedure, the grievance will be considered to have been abandoned. Notwithstanding the limitations set forth in this clause, either party may extend the time limits set out in the grievance procedure with the written agreement of the other party.
Section 6: A claim by an employee who has completed the probationary period that the employee has been discharged without just cause shall be treated as a grievance, if a written statement of such grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance lodged with the prevailing rules of District Manager or the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered designated management representative within thirty ten (3010) working days after the hearing employee ceases to work for the Company. All preliminary steps of the disputegrievance procedure prior to Step 2 will be omitted in such cases.
Section 7: The Company and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Company, unless extended The Company and Union further agree that probationary employees shall not have access to the grievance and/or arbitration procedure for any matters with respect to disciplinary or discharge matters.
Section 8: To facilitate the efficient and timely administration of this Article, Union representatives may participate in grievance meetings via telephone. Union stewards will have access to telephones and facsimile machines in order to communicate with Union representatives. Union stewards will request access in advance from a Company Representative and will use the telephone or facsimile designated by mutual agreementManagement. The findings of the Arbitrator shall Union agrees that access granted under this Section will not be final and binding upon the partiesabused.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined Section 9: If the parties agree to hold a grievance meeting during the employee's and/or ▇▇▇▇▇▇▇'▇ regular scheduled working hours, the employee and/or ▇▇▇▇▇▇▇ will be compensated at their regular straight-time hourly rate for time spent in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreementgrievance meeting during their regularly scheduled hours.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. (a) The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible and further, that every effort shall be made by the parties to effect a mutually acceptable resolution to such differences before advancing to Step No. 1 of the Grievance Procedure.
1(b) After a grievance has been initiated, the Employer shall not initiate negotiations with the aggrieved Employee with respect to the grievance, either directly or indirectly, without the consent or presence of a ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇. Once initiated, the grievance shall become the property of the Union. For the purpose of the grievance procedure, “working days” shall be Monday to Friday inclusive (statutory holidays shall not count as working days). The date of submission of any grievance or the giving of any grievance or decision shall be excluded from the computation time.
7.02 A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise difference concerning the interpretation, application, meaning administration or interpretation alleged violation of the provisions of this Agreement. Grievances .
(a) No grievance shall be processed considered where the circumstances giving rise to it or when the Employee becomes aware of it, occurred or originated more than ten (10) full working days before the filing of the grievance.
(b) Grievances and disposed of replies to grievances shall be in writing at all stages and shall be delivered in person or electronically. The person receiving the grievance, or the response shall acknowledge receipt by initialling and dating the grievance and/or response. The Union shall submit grievances in person or electronically to the appropriate individual described in the following manner: STEP ONE - The employee or employees affected shall present a written Grievance Procedure. However, should that individual be unavailable, the Union may submit the grievance to his the appropriate individual’s Department Head or her immediate manager within seven given their unavailability, to the Director of Human Resources, and receipt will be acknowledged as described above. In cases where the Supervisor or Manager is the subject of a grievance, the Union may submit the grievance to the Director of Human Resources directly. The Employer shall submit responses in person or electronically to the Unit Chair or Vice-Chair, and the Grievor’s ▇▇▇▇▇▇▇.
7.04 (7a) work days of its occurrenceGrievances properly arising under this Agreement shall be adjusted and settled as follows:
Step No. 1: The aggrieved Employee shall, with the assistance of a unit representative of CCNA/PASNAP, ▇▇▇▇▇▇▇ present their grievance in an attempt writing to affect a satisfactory settlementtheir Supervisor. The manager shall have Within five (5) working days after of receipt of the grievance to the Supervisor will meet with the grievant and Employee. The Employee may be accompanied by a representative of the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to Union. The Supervisor shall give his or her answer their decision in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may writing within five (5) working days after following such meeting. If the managerSupervisor's answer appeal decision is not satisfactory to Step Two. A grievant in the Employee concerned, or the Employee does not report to a non-nursing department shall have the right to request a member of Nursing Management to be present at Supervisor, then the grievance hearingmay be presented as follows: Step No. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have 2: Within five (5) working days after the decision is given under Step No. 1, the aggrieved Employee, accompanied by their ▇▇▇▇▇▇▇ may present their grievance in writing to the Manager. Within five (5) working days of receipt of the grievance to the Manager will meet with the grievant and his or her unit Employee. The Employee may be accompanied by a representative or of the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answerUnion. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may The Manager shall render their decision in writing within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the partiesfollowing such meeting.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A 9.01 For the purpose of this Agreement a grievance shall be is defined as any difference between the Employer and an employee or group of employees concerning the interpretation, application, administration or alleged violation of this Agreement and/or the discipline or discharge of an employee including any question as to whether a matter is arbitrable.
9.02 It is the mutual desire of the Employer and the Union that complaints and grievances be adjusted as quickly as possible. Either party may request a time extension, verified in writing, such request will not be unreasonably denied.
9.03 Prior to filing a written grievance, the employee and/or the Shop ▇▇▇▇▇▇▇ will first give the Lead Supervisor or the Manager an opportunity to adjust the complaint. The employee and/or the Shop ▇▇▇▇▇▇▇ (or designate), shall discuss the complaint with the Lead Supervisor or the Manager within five (5) calendar days after the circumstances giving rise to the complaint originated or occurred or from the time the employee ought reasonably to have become aware of the circumstances giving rise to the complaint, disputewhichever is later. Failing settlement of the complaint by the Lead Supervisor or the Manager within five (5) calendar days, controversy it may be taken up as a written grievance within five (5) calendar days following the reply of the Lead Supervisor or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of Manager in the following manner: STEP ONE - The employee or employees affected shall present a A written grievance may be submitted by the Shop ▇▇▇▇▇▇▇ to the Manger or his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementdesignate. The manager nature of the grievance, the remedy sought and the section(s) of the Agreement alleged to have been violated shall have be set out in the grievance. The Manager or his designate shall deliver his decision in writing within ten (10) calendar days following the presentation of the grievance to him. Failing settlement, then: Within five (5) calendar days after receipt of following the grievance to meet with decision in Step 1, the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall Shop ▇▇▇▇▇▇▇ will submit the written grievance to the grievant’s Department Head Manager (Headquarters) or his or her authorized representativedesignate unless extended by mutual agreement of the parties in writing, and a meeting shall be held between the Employer, an official of the Union, the Grievor and the Shop ▇▇▇▇▇▇▇ at which time the grievance shall be discussed. The Department Head decision of the Manager or his or her authorized representative designate shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may be given in writing within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work calendar days after receipt following this meeting. Copies of the grievance Employer’s reply shall be forwarded to meet with the grievant Grievor, Union ▇▇▇▇▇▇▇ and official of the unit representative or Union who attended at the CCNA/PASNAP and once Step 2 meeting.
9.04 Failing settlement under the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reachedforegoing procedure, the CCNA/PASNAP matter may be submitted to arbitration within thirty fifteen (3015) calendar days after the Human Resource Manager's answer appeal the matter to decision under Step Four. STEP FOUR - If the grievance 2 is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsgiven.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1The parties affirm their commitment to prompt and equitable resolution of conflicts and disputes before they become serious enough to require formal action, such as a grievance or discipline. A grievance Accordingly, the parties have jointly developed, and encourage the use of, a 4-Point Communications Protocol (see Appendix A) to ▇▇▇▇▇▇ frequent informal communications between Union officials and Zoo managers concerning potential conflicts and problems. The use of the aforesaid 4-Point Communications Protocol shall be defined as in no way limit the right of either the Employer or the Union in their enforcement of the Grievance Procedure, or any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning other Section of the application, meaning or interpretation of this Collective Bargaining Agreement. Grievances shall be processed If a 4-Point Communications Protocol is used and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager resolution is not achieved within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute30 days, unless extended by mutual agreement, the protocol will be treated as the first step of the grievance process.
A) Should any differences arise between the Employer and Union or an employee as to the meaning or application of, or compliance with, the provisions of this Agreement (except the provisions of Section 5 and Section 33 to which this Grievance Procedure shall have no application), the difference shall be settled in the following manner:
Step 1. Within five (5) days, excluding Saturdays, Sundays, and holidays, after the occurrence of the grievance, the grievance will be submitted in writing and a meeting will be scheduled between the employee, his/her immediate supervisor, and the appropriate Union ▇▇▇▇▇▇▇. A written decision on the grievance so presented shall be rendered by the management representative as soon as possible, but no later than five (5) days, excluding Saturdays, Sundays, and holidays, after such meeting. If no satisfactory disposition of the grievance is reached, then
Step 2. Within five (5) days, excluding Saturdays, Sundays, and holidays, after the decision of the supervisor under Step 1 has been received by the Union, an updated grievance form will be submitted by the appropriate Union ▇▇▇▇▇▇▇ to such representative of the Employer as the Employer may designate. A meeting will be scheduled to discuss the grievance in Step 2 within five (5) days, excluding Saturdays, Sundays, and holidays, unless extended by mutual agreement by the appropriate Union ▇▇▇▇▇▇▇ and the designated management representative. A written decision on the grievance so presented shall be rendered by the management representative as soon as possible, but no later than five (5) days, excluding Saturdays, Sundays, and holidays, after such meeting. A written decision on management’s Step 2 answer shall be rendered by the Union as soon as possible, but no later than five (5) days, excluding Saturdays, Sundays, and holidays, after it has received management’s answer. If no satisfactory disposition of the grievance is reached, then
a) Unless extended by agreement of Employer and Union, within ten (10) calendar days, excluding Saturdays, Sundays, and holidays, after the Union has notified Employer in writing it is not satisfied with the disposition of the grievance in Step 2, the grievance will be discussed at a mutually agreed time in a meeting between up to four (4) representatives of each of the parties, inclusive of Grievant and Employer Representative who may be the subject of the grievance, unless increased by mutual agreement. A written decision on the grievance so presented will be given by the management representatives as soon as possible, but not later than ten (10) days, excluding Saturdays, Sundays, and holidays, (unless extended by mutual agreement) after such meeting. If no satisfactory disposition of the grievance is reached, then the grievance shall be referred to Step 4.
b) All grievances involving the discharge of an employee shall be reduced to writing and initiated at Step 3 of the Grievance Procedure by submission of the written grievance to the designated management representative within five (5) days, excluding Saturdays, Sundays, and holidays, of the date on which the employee is notified by the Employer of his/her discharge.
c) All grievances involving disputes over Section 24 (a) and (b) shall be reduced to writing and initiated at Step 3 of the Grievance Procedure by submission of the written grievance to the designated management representative.
a) Within fifteen (15) calendar days, excluding Saturdays, Sundays, and holidays, of the Step 3 answer the parties may, by mutual agreement, submit the grievance to mediation with the Federal Mediation and Conciliation Service (FMCS).
b) The parties will attempt to mediate the grievance within fifteen (15) calendar days excluding Saturdays, Sundays, and holidays following the submission of the grievance. The findings results of the Arbitrator shall be final and mediation are not binding upon on the parties.
4. The Arbitrator c) If either party determines in their opinion that the resolution is not successful, that party shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of request a meeting with the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.other party which will take place within sixty
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning Section A. Grievances arising from the application, meaning operation or interpretation of this Agreement. Grievances Agreement shall be processed and disposed of handled in the following manner: STEP ONE - :
Step 1 The aggrieved employee or employees affected shall present involved and their Shop Stew▇▇▇ ▇▇▇ll discuss the issue with the immediate supervisor within three working days of the date the employee(s) should have reasonably discovered the grievance existed. It is recognized that the supervisor may not always be able to immediately hold the discussion and in such cases may schedule the discussion within 48 working hours after having been notified that a grievance exists. The discussion will take place during working hours in a timely and efficient manner. The supervisor will make a good faith effort to listen and respond. Every effort will be made by both parties to mutually resolve the grievance at this step. The supervisor will issue a written grievance to his or her immediate manager response within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt 48 working hours of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to 1 meeting.
Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - 2 If the grievance is still not satisfactorily settled, resolved at Step 1 it shall be reduced to writing and presented to the matter may Plant Manager within 7 days of the Step 1 answer. A meeting will be appealed scheduled by the parties once per month at 3 PM to an impartial Arbitratordiscuss Step 2 grievances. The Arbitrator Plant Manager will meet with the Union Grievance Committee, shop stew▇▇▇ ▇▇▇ the grievant(s). The Grievance Committee shall consist of the three top officers of the local union. The Plant Manager shall provide a written answer within 7 days of the meeting. All grievances involving discharge shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered presented at Step 2 within thirty (30) five working days after written notice of reason for discharge has been presented by the hearing Company to the designated Local Union official.
Step 3 If the grievance is not resolved at Step 2 it shall be referred to the Vice President of Manufacturing within 7 days of the disputeStep 2 answer. A meeting will be scheduled by the parties once per month at 3 PM to discuss Step 3 grievances. The Vice President of Manufacturing shall meet with the Union Business Agent (or their designee), unless the Grievance Committee, shop stew▇▇▇ ▇▇▇ the grievant(s). The Vice President of Manufacturing shall provide a written answer within 10 days of the meeting. If the grievance is not resolved at Step 3, the grievance may be submitted to arbitration according to the terms or the Arbitration procedure contained within this Agreement within 20 days of the Step 3 answer.
Section B. In all cases the failure of the Union to present a grievance within the specified time limits shall mean that the grievance is forfeited. The failure of the Company to provide an answer in time shall be deemed to be an answer in the negative. Said time limits may only be extended by my mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
GRIEVANCE PROCEDURE.
1. Section 17.1 A grievance shall be defined as any complaintan alleged violation of the meaning, dispute, controversy interpretation or disagreement involving one (1) application of a specific Article or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation Section of this Agreement. Grievances .
Section 17.2 If any grievance arises, there shall be processed and disposed no stoppage or suspension of in work because of such grievance.
Section 17.3 Step 1. Any grievance or complaint shall be discussed with the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory supervisor for settlement. The manager shall Any Employee or group of Employees who have a grievance may be accompanied by their ▇▇▇▇▇▇▇, if so desired, and must submit it to the supervisor within five (5) regularly scheduled working days from the date of occurrence. The supervisor shall investigate and advise the grievant and/or ▇▇▇▇▇▇▇ of the disposition of the complaint within five (5) regularly scheduled working days after it has been made to the supervisor. In the event the complaint is not satisfactorily settled in this manner, the following procedure shall apply.
Section 17.4 Step 2. To be processed thereafter, a grievance must be reduced to writing, state the facts upon which it is based, when they occurred, specify the Section of the Agreement which has allegedly been violated, must be signed by the Employee filing the grievance, and must be presented to the City Manager (or designee) within five (5) regularly scheduled working days after receipt of the grievance to oral answer from the supervisor. The City Manager (or designee) shall meet with the grievant and the unit Union's representative or the CCNA/PASNAP and once the meeting has occurred, within ten (10) regularly scheduled working days. The City Manager (or designee) shall give a written answer to the aggrieved Employee and to the ▇▇▇▇▇▇▇ within five (5) regularly scheduled working days to give after such meeting with the Union. If the answer is mutually satisfactory, the Employee or his or her answer ▇▇▇▇▇▇▇ shall so indicate in writing, giving one (1) copy of the settled grievance to the City Manager (or designee).
Section 17.5 Step 3. If the grievance has not been settled at Step 2 and if it is to be appealed, it must be served upon the City Commission's Personnel Committee within five (5) regularly scheduled working days after receipt by the City Manager (or designee). The City and the Union representative shall meet to consider the grievance within ten (10) regularly scheduled working days after the City Commission's Personnel Committee receives notice of appeal to this step. The City Commission's Personnel Committee shall give the Union representative a written answer to the grievance in triplicate, communicated through the mail to an address supplied to the City Manager (or designee) by the Union, postmarked no satisfactory settlement is reached later than ten (10) regularly scheduled working days after the grievant or CCNA/PASNAP may date of such meeting.
Section 17.6 The Union, if not satisfied with the Personnel Committee's disposition of the grievance, may, within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of notification of the Personnel Committee's disposition, notify the City of its intent to submit the grievance to meet with arbitration. The arbitrator for all grievances arising during the grievant and his or her unit representative or term of this Agreement shall be a resident of the CCNA/PASNAP and once City of Hudsonville selected by mutual agreement of the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant City and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may Union within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Fourexecution of this Agreement. STEP FOUR - If the grievance is still not satisfactorily settledparties are unable to agree on an arbitrator within that time, such grievances shall be decided by an arbitration panel of three (3) members, one to be selected by the matter may City, one by the Union and the third by the first two. All three panel members shall be appealed to an impartial Arbitratorresidents of the City of Hudsonville. The Arbitrator shall be selected in accordance with the prevailing rules decision of the American Arbitration Association applicable to labor arbitrations.
2. The costs arbitrator or of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing a majority of the dispute, unless extended by mutual agreement. The findings of the Arbitrator arbitration panel shall be final and binding upon on the partiesCity, the Union and the Employee or Employees affected.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
Section 1. A grievance shall be is defined as any complaint, dispute, controversy dispute involving the application or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation alleged violation of any provision of this Agreement. Grievances A work day is defined as Monday through Friday, excluding holidays. Verbal warnings shall not be considered grievable matters.
Section 2. Any grievance as defined by Section 1 of this article shall be processed and disposed of settled in the following manner: STEP ONE - :
(a) The employee or employees affected grievance shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, be taken in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance writing to the grievantemployee’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Division Commander within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with occurs by the grievant and aggrieved employee and/or the unit representative or the CCNA/PASNAP and once the meeting has occurredF.O.P. The Division Commander will render a decision within five (5) work days. In cases involving disciplinary action, a grievance must be filed within ten (10) days of receipt of the official notification of the discipline imposed. Copies of the Division Commander’s decision will be sent to give his or her answer. If no satisfactory settlement is reachedthe employee and the F.O.P.
(b) Should the grievance not be resolved by the Division Commander, the CCNA/PASNAP employee and/or the F.O.P. may take the grievance to the Department Director. The employee and/or the F.O.P. representative must initiate the grievance in writing to the Department Director within five (5) work days from the date of receipt of the action of the Division Commander. The Department Director will render a decision within five (5) work days. Copies of the Department Director’s decision will be sent to the employee and the F.O.P.
(c) Should the grievance not be resolved by the Department Director, the employee and/or the F.O.P. representative may appeal the Department Director’s decision to the Employee Relations Officer within five (5) work days of the receipt completion of the Department Director’s written decision. The Employee Relations Officer shall require of the Department Director to submit a letter setting forth specific reasons for the Department Director’s decision. This letter must be submitted to the Employee Relations Officer within five (5) work days of his receipt of the appeal.
(d) The Employee Relations Officer shall, within fifteen (15) work days after receipt of the appeal, contact the F.O.P., the employee, and all supervisory personnel concerned, and attempt to resolve the grievance. The written results of the findings of the Employee Relations Officer will be given to the employee, the F.O.P., and to the Human Resources Director within fifteen (15) work days of the receipt of the appeal.
(e) If the grievant and/or F.O.P. is not satisfied with the findings of the Employee Relations Officer, they may request a hearing before the Grievance Board within five (5) work days of the receipt of the Employee Relations Officer report.
Section 3. The Grievance Board shall consist of the following individuals:
(1) One person appointed by the F.O.P.
(2) One person appointed by the City.
(3) A third person, who shall act as chairperson, and who shall be selected from a panel provided by the FMCS. For each Grievance Board hearing, the parties shall attempt to mutually agree upon a Chairperson from the names contained on the panel. In those cases in which the parties cannot mutually agree upon a Chairperson, they shall alternatively select the Chairperson: that is, the first case in which the parties cannot agree upon the Chairperson, the City shall select the Chairperson; and the second case in which the parties cannot agree upon the identity of the Chairperson, the F.O.P. shall select the Chairperson; and thereafter, they shall continue to alternate the selection of the Chairperson in those cases in which the parties have not been able to mutually agree upon the Chairperson. In all hearings conducted before the Grievance Board, the administrative rules of evidence shall apply. The party whose turn it is to designate the Chairperson must designate the chairperson within thirty (30) calendar days after of the Human Resource Manager's answer appeal the matter request for a grievance board hearing. Failure to Step Four. STEP FOUR - If so designate will result in the grievance being abandoned by the union if it is still not satisfactorily settled, the matter may be appealed union’s turn to an impartial Arbitratordesignate; or in sustaining the grievance if it is the employer’s turn to designate. The Arbitrator All grievance board hearings shall be selected in accordance with the prevailing rules conducted within 60 days of the American Arbitration Association applicable to labor arbitrations.
2selection of the chairperson, unless the grievance board has granted a continuance. The In any event, all grievance board hearings must be conducted within one hundred twenty days (120) days of the request for a grievance board hearing. All fees, costs and expenses of arbitration the chairperson shall be shared equally by thepartiesthe City and the union. The Grievance Board shall only issue one report, based upon majority vote.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
Section 4. The Arbitrator burden of proof shall have jurisdiction only over disputes arising out be allocated as follows:
(a) In all disciplinary cases, the City shall bear the burden of grievances proving just cause for the discipline imposed.
(b) In all contract interpretation cases, the party alleging the contract violation shall bear the burden of proof.
Section 5. The Employee Relations Officer shall act as defined in Section 1 secretary of the ArticleGrievance Board and shall handle all correspondence. The Grievance Board shall draw all necessary rules and regulations for conducting its fact-finding hearings. The rules and regulations shall provide for the grievant and the City to:
Section 6. The City Manager shall render a decision within twenty (20) business days of receipt of the Grievance Board’s recommendation and his decision is final. In the event the City Manager reverses or modifies the recommendation of the Grievance Board, he shall provide to
Section 7. In cases of termination, the grievant may proceed directly to step (d) of this procedure within five (5) work days from the employee’s notice of termination.
Section 8. Any letter of disciplinary action to be placed in an employee’s personnel file shall specify the date when such letter is to be removed from such file (provided no subsequent discipline has been imposed during said period) or if appropriate specify that the letter is permanent and he or she shall have no power not be removed from the file.
Section 9. Whenever employees are scheduled by their supervisor and/or any other superior within their department, to add to, subtract fromattend a meeting concerning disciplinary action, or modify in any way before a Safety Review Board, the person scheduling them shall advise them that they have the right to have a F.O.P. representative attend the meeting with them. The employee will be allowed an appropriate amount of time for scheduling a F.O.P. representative, overnight if necessary.
Section 10. The parties agree that after a grievance has been filed by the Lodge, neither the City nor any of its representatives will meet with the terms of this Agreementgrievant in reference to the incident without prior notification to the F.O.P. The F.O.P. shall be present at any grievance meeting.
Appears in 1 contract
Sources: Memorandum of Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall may be defined as any complaintfiled by an employee to protest a termination, disputesuspension, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation violation of a specific provision of this Agreement. Grievances If an appeal or formal complaint with respect to an action, matter, or proposed action is or has been filed under a separate procedure provided by law or federal regulation, a grievance regarding such action, matter, or proposed action will not be accepted under this Agreement, or if already accepted, processing of it will be discontinued, and it will not be further considered or decided under this Agreement. All grievances that may arise on any work covered by this Agreement must be filed within five working days after the occurrence of events giving rise to the grievance and shall be processed and disposed of handled in the following manner:
Step I: STEP ONE - The Between the aggrieved employee or employees affected shall present a written grievance to his or her and/or the Local Union Representative and the employee’s immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementonsite Staff Supervisor. The manager It is understood that the Local Union Representative shall have five (5) days after receipt permission to telephone the Council for guidance in any situation that may arise during working hours. On grievances involving matters affecting more than one craft or having project-wide impact, the job site representative shall be included in Step I. Step II: Between an International Union Representative, the job site representative, and the Labor Relations Manager of the grievance to meet with Contractor. This step must be initiated by the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may Local Union Representative within five (5) working days after the manager's answer appeal to start of Step TwoI. Decisions and resolutions of grievances at Steps I and II should not be considered precedential.
1. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledsettled within five working days after the start of Step II, the matter may be appealed to an impartial Arbitrator. The Arbitrator information prepared for Step II plus any other supplemental information, facts, or positions developed in Step II shall be selected submitted in accordance with writing to the prevailing rules of the American Arbitration Association applicable to labor arbitrationsJoint Administrative Committee within five working days by either party.
2. The costs Joint Administrative Committee shall consider the grievance after receipt from Step II. In the event agreement is not reached within ten working days of receipt, the Contractor or the Council may appeal within ten working days to the arbitrator selected under Article II:P of this Agreement. However, this step of the grievance procedure may be waived by mutual agreement between both parties and the grievance shall then be immediately referred to the arbitrator in accordance with Step IV of this Article.
1. Within five working days after the grievance has been referred to Step IV the parties shall contact the arbitrator and schedule a hearing within 20 calendar days, or as otherwise mutually agreed. The arbitrator shall only have jurisdiction and authority to determine the meaning, application of, or compliance with the provisions of this Agreement and shall not have jurisdiction or authority to add to, detract from, alter in any way such provisions, nor to render any decision on jurisdictional issues.
2. In arbitration proceedings, the expenses of arbitration shall be shared equally by thepartiesthe Contractor and the Council Union involved.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator arbitrator shall be final and binding upon the on both parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
GRIEVANCE PROCEDURE.
1. A Section 1 The parties agree that the grievance and arbitration procedure set forth in this Article shall be defined as constitute the sole and exclusive method for handling any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise dispute concerning the application, meaning or interpretation application of the provisions of this Agreement. Grievances The parties agree to construe the provisions hereof reasonably and in good faith to the end that neither party shall, under any circumstance, resort to a lockout or work stoppage or any other interruption of operations by reason of any dispute arising during the term of the Agreement. The parties have bargained and negotiated in good faith with respect to every provision of this Agreement and acknowledge the efficacy of this grievance and arbitration procedure.
Section 2 A grievance is a complaint involving: interpretations or application of the provisions of this Agreement, disputes over unreasonable company policies affecting hourly workers, or other disputes between the parties relating to a condition of employment. All written grievances must follow the following procedure.
Step 1 Any employee or any one of a group of employees who has a grievance shall first discuss his grievance with their immediate supervisor and with the assistance of a Committeeperson. The Supervisor shall give an answer no later than three (3) regularly scheduled workdays.
Step 2 If still unsettled, the complaint shall then be discussed between the Committeeperson and the General Plant Supervisor of the department at a mutually agreed upon date and time.
Step 3 If still unsettled, the complaint may be put in writing within three (3) days by the Committeeperson as a grievance and shall then be discussed between the Union Chairperson and the General Plant Supervisor, or Human Resource Manager at a mutually agreed upon time. A written answer shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager given within seven three (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (53) days after receipt of unless an extension is requested by either party.
Step 4 If still unsettled, the grievance shall again be discussed at the next scheduled meeting between the Shop Committee of Local 771, the Local Union President and/or the International Representative and the Human Resource Manager or his representative. Step 4 meeting will be held prior to meet the Management / Labor Committee meeting or at a mutually agreed upon time. A written answer shall be given within three (3) days unless an extension is requested by either party.
Section 3 Complaints must be filed with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten Company no later than three (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (53) days after the manager's facts occurred which gave rise to the complaint, and the Union must process the complaint or grievance to each subsequent step of the grievance procedure no later then three (3) days of the receipt of the Company’s last answer appeal or the grievance shall be settled based on the Company’s last answer unless an extension is requested by either party. The Company must respond to Step Twoeach step of the grievance procedure within the established period for that step. A grievant In the event the Employer fails to do so, the grievance will be considered honored and adjustment will be made in accordance with the grievant’s request. If a non-nursing department shall have the right to request situation arises where a member of Nursing Management the Bargaining Committee has a problem meeting with an employee to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reachedinvestigate a grievance, the grievant or CCNA/PASNAP may within five (5) days after Bargaining Committee Member should contact the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of will arrange the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the requested meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsa timely manner.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
GRIEVANCE PROCEDURE.
1. A. A grievance shall be is defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning allegation by a member of the application, meaning or interpretation bargaining unit that a specific provision of this Agreementagreement has been violated, misinterpreted or misapplied. Grievances If a grievance arises, there shall be processed and disposed no work stoppage, slowdown or other concerted activity because of in the following mannergrievance procedure set forth below: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven Step One Within fifteen (715) work working days of its occurrencethe time the grievance arises, with a unit representative of CCNA/PASNAPthe grievant or the association may present the grievance, in an attempt writing, to affect a satisfactory settlementthe grievant’s immediate director. The manager shall have Within the first five (5) working days after of this fifteen (15) day time period, the grievant shall meet with his/her immediate director and may choose to be accompanied by a union representative to discuss the issue and identify this issue as a potential grievance, and to attempt possible resolution. If the grievance is not resolved, and a written grievance is filed, the director shall respond within five (5) working days of the receipt of the written grievance. STEP TWO If the grievance to meet with is not resolved at Step One, the grievant and the unit representative employee or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP association representative may within five (5) working days of receipt of the director’s written response, submit to the superintendent or his designee, the answer at Step One with the original grievance statement. The superintendent or his designee shall respond, in writing, to the employee no later than five (5) working days after the manager's answer appeal to receipt thereof. Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at Three If the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance is not resolved to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reachedsatisfaction in Step Two, the grievant or CCNA/PASNAP may request mediation within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answerof the superintendent’s decision. If no satisfactory settlement is reachedthe superintendent agrees to mediation, then the CCNA/PASNAP may within thirty parties will jointly contact the Federal Mediation and Conciliation Service (30) calendar days after FMCS). The mediator will be assigned by the Human Resource Manager's answer appeal the matter to Federal Mediation and Conciliation Service (FMCS). Step Four. STEP FOUR - Four If the grievance is still not satisfactorily settledresolved at Step Three, the matter grievant may be appealed submit the grievance to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended superintendent’s decision in Step Two. Selection of an arbitrator and the conduct of any hearing shall be in accordance with the Voluntary Labor Arbitration Rules of the Federal Mediation Conciliation Service (FMCS). If mutual selection of an arbitrator is not achieved from the first panel of names submitted to the parties by mutual agreementthe Federal Mediation Conciliation Service (FMCS) either party shall request a second panel of names. The findings arbitrator shall have no authority to modify the terms of this agreement and the Arbitrator award shall be final and binding upon the parties. The cost of arbitration shall be borne equally by the board and the association, and every reasonable effort shall be made to schedule hearings so as not to interfere with the assigned duties of members of the bargaining unit.
4. B. The Arbitrator following principles shall have jurisdiction only over disputes arising out of apply to all grievances:
1) All grievances as defined in Section 1 shall be filed on the grievance form agreed to between the parties to this agreement; form attached hereto and incorporated herein.
2) Such forms must provide for naming of the Articlealleged violation, and he or she shall have no power to add to, subtract from, or modify in any way any state the contention of the terms of this Agreementemployee or the association, and shall indicate the relief requested attached hereto and incorporated herein;
3) Any grievance not advanced to the next step within the time limit in that step shall be deemed resolved;
4) Any grievance not answered within the time limit set forth in that step may be taken by the grievant to the next higher step in the grievance procedure;
5) Time limits may be extended by the Superintendent and the association president in writing; then the new date shall prevail;
6) The “agreed to” grievance forms shall be made available to any employee requesting same, either through his director or association representative.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
Section 1. A grievance shall be defined as any complaintdispute regarding the meaning, dispute, controversy interpretation or disagreement involving one (1) or more employees application of the terms and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation provisions of this Agreementagreement.
Section 2. Grievances Any grievance or complaint shall be processed and disposed of in presented to the following manner: STEP ONE - The employee's respective supervisor for settlement. Any employee or employees affected shall present a written grievance group of employees, who have any grievance, must submit it to his or her immediate manager the Supervisor within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) regularly scheduled working days after the occurrence of the event upon which the grievance is based. If an individual employee is filing a grievance, days are defined as scheduled working days for said individual employee.
Section 3. FIRST STEP - To be processed hereunder, a grievance must be:
(1) Reduced to writing.
(2) State the facts upon which it is based.
(3) When it occurred.
(4) Specify the section of the contract which has allegedly been violated.
(5) Signed by the employee who is filing the grievance.
(6) Presented to the appropriate supervisor within five (5) regularly scheduled work days after receipt of the Supervisor’s answer to the complaint. The appropriate supervisor shall give a written answer to the employee filing the grievance within five (5) regularly scheduled working days after receipt of the written grievance. If the appropriate supervisor's answer is mutually satisfactory, the employee, or his/her ▇▇▇▇▇▇▇, shall so indicate it in writing, giving one
(1) copy of the settled grievance to meet with the grievant employee's Supervisor.
Section 4. SECOND STEP - If the grievance is not settled in the First Step, and the unit representative employee desires to appeal to the Second Step, such employee and/or the Union ▇▇▇▇▇▇▇ shall present the grievance to the Business Manager within five (5) regularly scheduled working days after the appropriate supervisor gave the employee the written First Step Answer.
Section 5. THIRD STEP - If the grievance has not been settled at the Second Step and if it is to be appealed to the Third Step, a written notice of such appeal must be served upon the Superintendent of Schools within five (5) regularly scheduled working days after receipt by the ▇▇▇▇▇▇▇ and/or the employee of the Business Manager’s Second Step Answer.
Section 6. If, at this point, the grievance has not been satisfactorily settled, either the School Board or the CCNA/PASNAP and once Union shall have the meeting has occurred, ten right of arbitration (10in the manner herein prescribed) for any grievance which arises under the terms of this agreement within thirty (30) days after the answer is given at Step Three.
A. At the request of either or both parties, the grievance may be submitted to give his or her answer in writingfinal and binding Arbitration.
B. The American Arbitration Association shall nominate a list of arbitrators under the rules of the American Arbitration Association.
C. Thereafter, the grievance shall be submitted to the arbitrator, if the grievance has not been previously settled, and the decision of the arbitrator shall be final and binding upon the Union and the School Board. If no satisfactory settlement is reached Furthermore, the grievant or CCNA/PASNAP may decision of the arbitrator shall be final and binding upon the Union and the School Board. Furthermore, the decision of the arbitrator shall be put into effect within five (5) days after the manager's answer appeal decision is received by the parties hereto. Both parties agree that a judgement may be entered in any court of competent jurisdiction.
D. At the time arbitration is requested, the initiating party shall give to Step Two. A grievant in the other party a non-nursing department shall have written statement specifying the right to request a member of Nursing Management particular issue to be present at the grievance hearing. STEP TWO - The grievant arbitrated and the unit representative specified remedy requested. Such a statement shall be in detail so that the defending party can determine the exact extent of liability involved and the arbitration thereof shall be confined to the issue and remedy set forth in said written statement. Should a question arise as to whether or CCNA/PASNAP shall submit not the written grievance statement is sufficiently specific, the defending party may apply to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt arbitrator for a ruling as to the sufficiency of the grievance to meet with written statement in advance of hearing on the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt merits of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredcase, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still so long as such submission does not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected cause a delay in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute.
E. Only one (1) grievance shall be heard by a particular arbitrator, unless extended there are multiple grievances involving the same facts, or, unless otherwise agreed in writing by mutual agreementthe Board and the Union. The findings of Not withstanding the Arbitrator foregoing, the arbitrator shall be final and binding upon not have the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, modify, alter, amend or subtract from, from the terms of the agreement. He shall not make any new agreement or modify in any way agreements between any of the terms parties thereto, or, in the absence of discrimination, to interfere with the exercise of managerial discretion and prerogatives. If any grievance award shall include back pay, his/her award shall not extend more than thirty (30) days prior to the date of Step Three conferences.
F. Each party shall bear the expense of witnesses produced or other expenses incurred in presenting its case. The fees and expenses, if any, of the arbitrator shall be shared equally to obtain the specific remedy sought in the written statement of issues requesting arbitration. Any stenographic record and transcripts thereof shall be paid by the party ordering same.
Section 7. Should a grievance fail to be instituted or appealed within the time limits set forth in this AgreementArticle, all further proceedings shall be barred. Should a grievant voluntarily terminate his/her employment, all further proceedings shall be barred, provided said grievance was not a "class" grievance or a monetary settlement was requested. The barring of grievance under this section shall set no precedent on the Union or the Employer.
Section 8. The Union shall have no right to initiate a grievance involving the right of an employee or group of employees without his/her or their express approval in writing thereon.
Section 9. The Union shall select the grievance/bargaining committee from all non-probationary employees in the bargaining unit that are in good standing.
Section 10. The stewards so elected shall, without a loss of time or pay, represent employees in grievance matters. The grievance committee members, when participating in a meeting with the Employer in the adjustment of grievances and other matters shall suffer no loss of pay for time necessarily lost from their scheduled work while so participating. However, before leaving his/her job, the ▇▇▇▇▇▇▇ shall receive permission from his/her Supervisor and when returning from a grievance adjustment, said ▇▇▇▇▇▇▇ shall report back to his/her Supervisor.
Section 11. Special meetings between the Union business representative, and/or the grievance committee and the Superintendent or his representative, may be called by mutual agreement, for the purpose of discussing important matters in any attempt to eliminate grievances and other misunderstandings. This Section shall in no way be construed to hold up or slow down the processing of formal grievances. Employees participating in the special meetings shall not suffer a loss of pay for time necessarily lost while participating in said meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
111.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. A If the matter is still not resolved, then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be defined as any complaintdiscussed at a meeting between the Business Manager/Secretary-Treasurer or their Assistant and a Representative of the Employer. After this meeting, disputethe Employer shall give their answer to the Business Manager/Secretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances grievance shall then be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present discussed within a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have further five (5) working days after receipt at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Vice-President or their representative and an authorized representative of the Boilermaker Contractors' Association in order to meet obtain an interpretation of the Collective Agreement in connection with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writinggrievance. If no satisfactory settlement the matter is reached the grievant or CCNA/PASNAP may still not resolved within five (5) working days after of the manager's answer appeal referral to Step Twothe Boilermaker Contractors' Association, then at the request of either party, the grievance may be referred to Arbitration. A grievant Prior to advancing to Arbitration, the parties shall participate in a non-nursing department shall have resolution conference facilitated by a third party in an attempt to settle the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativedifferences. The Department Head or his or her authorized representative shall have five (5) days after receipt of third party will be mutually agreed upon and any cost for the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration third party shall be shared equally by thepartiesbetween the parties. The intent of the foregoing is for the parties to attempt to resolve a dispute prior to advancing to Arbitration. For greater certainty, this step does not negate either parties ability to advance a dispute to arbitration in the event the dispute remains unresolved.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing 11.08 It is understood and agreed that any of the dispute, unless time limits herein may be extended by mutual agreementagreement in writing. The findings of In this Article, Saturday, Sunday and Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the Arbitrator grievance shall be final initiated at the level outlined in 11.04 and binding upon if the partiesmatter is not resolved within the steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be initiated at this point by either party.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A It is the intent of the parties to this Agreement the grievance procedure set forth herein shall be defined serve as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which a means for a peaceful settlement of disputes that may arise concerning between them as to the application, meaning or application and interpretation of this AgreementAgreement or other conditions of employment. Grievances shall In order to be processed and disposed a proper matter for the grievance procedure, the grievance must be presented within ten (10) working days of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days employee’s knowledge of its occurrence, with a unit representative of CCNA/PASNAP. The Employer will answer, in writing, to the Association any grievance presented to it.
Step 1 - Any employee having a complaint shall present it to the Employer as follows:
a) If an attempt employee has a complaint, s/he shall discuss the problem with an administrator with or without an Association Representative(s).
b) If the matter is not disposed of, it will be submitted in written form by the Association to affect a satisfactory settlementan administrator. Upon receipt of the grievance the administrator shall sign and date the employee’s copy of the grievance.
c) The manager administrator shall have give his/her answer to the Association in writing within five (5) working days after receipt of the grievance grievance.
Step 2 - If the answer is not satisfactory to meet with the grievant and Association, it shall be presented in writing by the unit representative Association Representative(s) to the Superintendent or the CCNAhis/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may designee within five (5) working days after the manager's answer appeal to Step Twoadministrator’s response is due. A grievant in a non-nursing department The Superintendent or his/her designee shall have sign and date the right to request a member of Nursing Management to be present at the grievance hearingAssociation’s copy. STEP TWO - The grievant and the unit representative Superintendent or CCNAhis/PASNAP her designee shall submit the written grievance respond to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Association in writing within five (5) working days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to grievance.
Step Four. STEP FOUR 3 - If the grievance is still not satisfactorily settledremains unsettled, the matter may be appealed to an impartial Arbitrator. The Arbitrator it shall be selected presented by the Association Representative(s) in accordance with writing to the prevailing rules Board of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered Education or their official designee within thirty five (305) working days after the hearing response of the dispute, unless extended by mutual agreementStep 2 is due. The findings of Board or official designee shall sign the Arbitrator shall be final and binding upon the parties.
4Association’s copy. The Arbitrator Board shall have jurisdiction only over disputes arising out of grievances as defined respond in Section 1 of writing to the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of Association within five (5) working days following the terms of this Agreementnext official Board meeting.
Appears in 1 contract
Sources: Master Contract Agreement
GRIEVANCE PROCEDURE.
15.01 Both the Company and the Union emphasize the desirability of a satisfactory grievance procedure, the purpose of which will be to settle as many grievances as possible promptly. A grievance shall be defined as It is agreed that consultation at any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of step in the following manner: STEP ONE - The employee procedure will take place quietly and speedily so that any possible cause of friction may be reduced to a minimum. Grievances or employees affected complaints shall present a written grievance to his or her immediate manager be considered within seven (7) work working days of its occurrencethe alleged circumstances coming to the knowledge of the employee.
5.02 The Union agrees to appoint or elect a Grievance Committee consisting of three (3) regular employees of the Company, with a unit representative who shall be the Unit Chairperson of CCNA/PASNAPthe Local Union, the Chief ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ representing the department in an attempt to affect a satisfactory settlementwhich the grievance arose. The manager Company shall have be informed of the names of the Committee members and shall be informed promptly in writing of any changes in the Committee membership.
5.03 Grievances or complaints arising under this agreement shall be adjusted or settled as follows: Step No. 1 Whenever an employee has a complaint or a grievance such employee together with his/her ▇▇▇▇▇▇▇ (if the employee wishes the ▇▇▇▇▇▇▇) shall first discuss the complaint or grievance with his/her immediate Supervisor. Failing a settlement within three (3) full working days, then the complaint or grievance may be presented as follows: Step No. 2 Within five (5) full working days or such longer period of time as mutually agreed after receipt of the decision at Step 1, the aggrieved employee together with his ▇▇▇▇▇▇▇, and Chief ▇▇▇▇▇▇▇ or designate shall present the grievance to meet in writing, at a meeting with the grievant Supervisor and Management or designate. Failing a settlement within three (3) full working days, then the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writinggrievance may be presented as follows: Step No. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within 3 Within five (5) full working days after or such longer period of time as mutually agreed, the manager's answer appeal to Step Two. A grievant in Union Grievance Committee along with a nonfull-nursing department shall have time representative of the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant Union (if requested) and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt grievor will meet with Management of the grievance Company to meet with discuss the grievant and his grievance. Step No. 4 Failing a settlement under Step No. 3 of any difference between the parties arising from the interpretation, application, administration or her unit representative alleged violation of this agreement, including any question as to whether a matter is arbitrable, such difference or the CCNA/PASNAP and once the meeting has occurredquestion may be taken to arbitration, ten(10) days to give his or her answeras provided for in Article 6. If no satisfactory settlement written request for arbitration is reached, the grievant or CCNA/PASNAP may received within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing decision in Step No. 3 is given, it shall be deemed to have been settled or abandoned.
5.04 Saturdays, Sundays and Plant holidays will not be counted in determining the time limit within which any action is to be taken or completed in each of the dispute, unless steps of the Grievance Procedure or under Article 6. Any and all time limits fixed by this Article or Article 6 may at any time be extended by mutual agreement. The findings of agreement between the Arbitrator shall be final Company and binding upon the partiesUnion.
4. The Arbitrator shall have jurisdiction only over disputes arising out 5.05 Disciplinary warnings and/or reprimands will not be considered part of grievances as defined in Section 1 an employee’s disciplinary record 24 months after the date of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreementissue.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance It is the mutual desire of the parties hereto that complaints of employees shall be defined adjusted as any quickly as possible, and it is generally understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust the matter. Such discussion shall be held within three (3) working days of the alleged occurrence said to have caused the complaint, dispute, controversy or disagreement involving one (1) when the employee should have been aware of the occurrence said to have caused the complaint. Complaints and or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of handled in the following manner: STEP ONE - Step If an employee has any complaint which he wishes to discuss with the company, the employee may either alone or with a union committee person discuss the matter with the employee’s immediate supervisor. The employee or employees affected shall present a written grievance to employee’s supervisor will give his or her immediate manager decision within seven three (73) work working days of its occurrencethe discussion. If such complaint or question is not settled to the satisfaction of the employee concerned, with a unit representative of CCNA/PASNAP, in an attempt the complaint will be forwarded to affect a satisfactory settlement. The manager shall have five (5) days after receipt Step of the grievance procedure. Step The employee may present, together with a union committee person, any grievance to meet with the grievant department manager and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer such grievance shall be in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may Such grievance shall be presented within five (5) working days after of the manager's answer appeal to Step Two. A grievant date of the company response in a non-nursing department shall have The grievance must reference the right to request a member specific of Nursing Management this agreement that is alleged to be present at the grievance hearing. STEP TWO - The grievant violated or misinterpreted and the unit representative nature of the relief or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head remedy sought. The manager or his or her authorized representative. The Department Head or his or her authorized designated representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may reply in writing within five (5) working days. Step If the reply is not satisfactory, the grievance may be forwarded to the Plant Manager within five (5) working days after of the Department Head's answer appeal receipt of such reply. The Plant Manager, or his designee, and the matter Union shall meet to Step Three. A grievant in discuss the grievance at the next scheduled Union Management meeting or at a non-nursing department shall have the right to request a member of Nursing Management special meeting to be present at held within IO working days of the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with by the grievant Plant Manager, which ever comes first. The National Representative of the CAW and the unit representative or the CCNA/PASNAP President of the local Union plus the Company’s Director Employee Industrial Relations and once or his representative may also attend this meeting. The Company will respond in writing within five (5) working days of the meeting has occurred, ten (10) days to give his or her answermeeting. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledresolved at this meeting, either party may refer the matter may to arbitration. Vacation, Bereavement Leave, Jury Duty or Holidays shall not be appealed to an impartial Arbitrator. The Arbitrator considered in determining time limitations in Article Time constraints in the grievance procedure shall only be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance Any complaint, disagreement or difference of opinion between the parties hereto concerning the interpretation, application, operation or any alleged violation of the terms and provisions of this Agreement shall be defined as considered a grievance. There shall be no suspension of work on account of any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation alleged violation of this Agreementagreement. Grievances shall be processed presented in writing and disposed shall clearly set forth the grievance and the contentions of in the aggrieved party. Differences between the parties or persons bound by this Agreement shall be resolved by the following manner: STEP ONE - The employee or employees affected shall present a written procedure:
Step 1 A grievance must be brought to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt the attention of the grievance to meet with Store Manager or his designee, by the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may employee within five (5) working days after from the manager's answer appeal occurrence of the events that gave rise to the grievance. An employee desiring to solve a grievance shall, either alone or, if he so elects, accompanied by his Shop ▇▇▇▇▇▇▇, discuss the matter with the Store Manager or his designee and if it is settled then this shall end the matter.
Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at 2 Where the grievance hearing. STEP TWO - The grievant and is not resolved to the unit representative satisfaction of the employee by the Store Manager or CCNA/PASNAP shall his designee, then within ten (10) working days of the discussion at Step 1, the Union will, in writing, submit the written grievance matter to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five District Manager A meeting will be arranged within ten (510) working days after of the receipt of the grievance to meet with grievance. This meeting may be attended by the grievant grievor, the shop ▇▇▇▇▇▇▇, the Union representative and the District Manager or his designee. The Decision reached by the District Manager or her unit representative or his designee at this step shall be given in writing within ten (10) working days from the CCNA/PASNAP and once day of the meeting has occurredat this step.
Step 3 Where the grievance is not resolved to the satisfaction of the employee by the District Manager or his designee, ten(10then within fifteen (15) working days to give his or her answer. If no satisfactory settlement is reachedof the discussion at Step 1, the grievant or CCNA/PASNAP may Union will, in writing, submit the matter to the Vice President of Human Resource Services. A meeting will be arranged within five (5) working days after of the Department Head's answer appeal receipt of the matter to Step Threegrievance. A grievant This meeting may be attended by the grievor, the shop ▇▇▇▇▇▇▇, the Union representative and such representatives of the Company as may be designated. The Decision reached by the Company at this step shall be given in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have writing within ten (10) work working days after receipt from the day of the grievance meeting at this step.
Step 4 If the matter is not considered to meet with be resolved within five (5) working days of the grievant and date of the unit representative or the CCNA/PASNAP and once the meeting has occurredDecision reached at Step 3 above, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP either party may within thirty (30) calendar days after the Human Resource Manager's answer appeal refer the matter to Step Four. STEP FOUR - If arbitration by notice to the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules other party that it wishes arbitration and setting out particulars of the American Arbitration Association applicable questions to labor arbitrationsbe decided.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. 9.1 A grievance shall be defined as any complaintwhere a difference arises between the parties relating to the interpretations, dispute, controversy application or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation administration of this Agreement. Grievances shall , including any questions as to whether a matter is arbitrable.
9.2 STEP NUMBER 1 Before any matter can be processed considered a grievance in keeping with the provisions of the grievance procedure, the matter will firstly be discussed between the employee and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or his/her immediate manager within seven (7) work days of its occurrencesupervisor, with a unit representative of CCNA/PASNAP, who was the griever’s immediate supervisor relative to the alleged incident in an attempt to affect a satisfactory settlementresolve the concern. The manager employee shall have five receive a written reply of the concern within two (52) working days after receipt from the discussion. A ▇▇▇▇▇▇▇ may be present if the employee so requests.
9.3 STEP NUMBER 2 Before any matter can be considered agrievance in keeping with the provisions of the grievance procedure, it shall be reduced to meet with writing on a duplicate grievance form supplied by the grievant company citing the Article believed to be violated and the unit representative or settlement requested signed by the CCNA/PASNAP employee and once Committee person and submitted to the meeting has occurred, employee’s Department Managerwithin ten (10) working days to give his or her answer in writing. If no satisfactory settlement is reached of the grievant or CCNA/PASNAP may within five (5) days after occurrence of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at event on which the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativeis based. The Department Head or his or her authorized representative shall have five Manager and the manager of Human Resources will within three (53) days after receipt of the grievance to working days, meet with the grievant employee and his or his/her unit representative or Committee person. Following this the CCNA/PASNAP and once the meeting has occurred, ten(10) days to Department Manager will give his or her /her answer. If no satisfactory settlement is reached, in writing to the grievant or CCNA/PASNAP may employee, within five three (53) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. working days.
9.4 STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - NUMBER 3 If the grievance is still not satisfactorily settledsettled as outlined above, within three (3) working days it may be referred to the Senior Manufacturing Manager. Within three (3) working days of the receipt of thegrievance the Senior Manufacturing Manager and the manager of Human Resources shall discuss the grievance with the Committee person and the Chief ▇▇▇▇▇▇▇ or the President of the Local. Within a further period of three (3) working days after the close of the discussion, the Senior Manufacturing Manager shall render his/her written disposition of the grievance.
9.5 STEP NUMBER 4 If the grievance is not settled in the previous step to the griever’s satisfaction, the matter may be appealed referred to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules Plant Committee who may appeal it to the Vice-President of the American Arbitration Association applicable to labor arbitrations.
2. The costs General Affairs or his/her designated representative, by giving written notice of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered such appeal within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.three
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A 15.01 The parties hereto desire that every grievance shall be defined dealt with in a just and equitable manner and as any complaintquickly as possible as provided herein.
15.02 An employee who has a grievance must discuss it within five (5) calendar days of the event giving rise to the grievance with his/her immediate supervisor. The employee may be accompanied by a Shop ▇▇▇▇▇▇▇ if requested. If there is no resolution following the discussion with the immediate supervisor, disputethe following procedure shall apply:
STEP 1: The Shop ▇▇▇▇▇▇▇ may submit a grievance, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning in writing on the applicationauthorized form, meaning or interpretation to the immediate supervisor of this Agreementthe aggrieved employee. Grievances The grievance shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager submitted within seven (7) work calendar days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt the event giving rise to affect a satisfactory settlementthe grievance. The manager immediate supervisor shall have five (5) days after receipt of be required to furnish his written answer on the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten form within seven (107) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at calendar days.
STEP 2: Should the grievance hearing. STEP TWO - The grievant still remain unresolved, the Unit Chairperson and the unit representative or CCNA/PASNAP Shop ▇▇▇▇▇▇▇ shall submit present the written grievance to the grievant’s Department Head Director, Human Resources within seven (7) calendar days of the immediate supervisor's response, who shall investigate the grievance. If the Director, Human Resources interviews the grievor or his or her authorized representativeother members of the bargaining unit, the Shop ▇▇▇▇▇▇▇ and/or Unit Chairperson shall be present. The Department Head Manager (or his their designate) shall hold a meeting with the Unit Chairperson (or her authorized representative their designate), at which the grievor may be present, to attempt to settle the grievance. The Director, Human Resources shall have five give a written decision on the grievance form within ten (510) calendar days after receipt of the conclusion of such investigation, interview or meeting.
STEP 3: Should the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reachedstill remain unresolved, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department Unit Chairperson, Shop ▇▇▇▇▇▇▇ and National Representative shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have the President or his designate within ten (10) work calendar days after receipt of the reply from the Director, Human Resources. The President may hold a meeting of all parties involved and shall give a written decision on the grievance form.
15.03 Should the grievance still remain unresolved, written notice of the intention to refer it to arbitration must be given within twenty-five (25) calendar days of the President’s written decision.
15.04 All steps and time limits in articles 15.02, 15.05 and 15.06 shall be mandatory and not directory; requests for extension must be in writing and be mutually agreeable to both parties.
15.05 Company grievances or Union policy grievances will be initiated at Step 3, with Company grievances being presented to the National Representative and Union policy grievances to the Director, Human Resources. These grievances will be presented within seven (7) calendar days of the event giving rise to them unless a request for extended time is made and granted in writing.
15.06 The Union may file a grievance on behalf of an employee with seniority who feels that they have been discharged without just cause. Such grievance must be presented, within seven (7) calendar days of the discharge, at step 3 of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsprocedure.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance 11:01 The employer and the Union agree that grievances shall be defined as any complaintsettled promptly. Should a dispute or a grievance arise between the Employer and the employee regarding the interpretation, disputemeaning, controversy operation or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation application of this Agreement. Grievances , including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such dispute or grievance or question shall be processed and disposed of dealt with in the following manner:
Step 1: STEP ONE - An employee or employees having a grievance or complaint shall first present the same in writing to their Committee Person.
Step 2: The employee or employees affected shall present a written concerned together with their Committee Person or Chairperson shall, within such employee's next five (5) working days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the situation giving rise to the grievance to his or her their immediate manager supervisor who shall reply in writing within seven (7) work calendar days immediately following presentation of its occurrencesuch grievance or complaint. In the case of griev- ances arising out of the Job Posting Procedures set forth in Article 10 of the within Collective Agreement, with employees having grievances related to their failure to obtain a unit representative of CCNA/PASNAPposted position(s) shall submit their grievance in the first instance at the Step 4 level.
Step 3: Failing settlement under Step 2, in an attempt to affect a satisfactory settlement. The manager shall have five the grievor shall, within seven (57) calendar days after following receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredsupervisors's decision, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at refer the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance complaint in writing to the grievant’s Department Head appropriate administrative director or his or her authorized representativeacademic ▇▇▇▇. The Department Head administrative director or his or her authorized representative academic ▇▇▇▇ shall have five render a decision in writing within seven (57) calendar days.
Step 4: Failing settlement under Step 3, the grievor shall, within seven (7) calendar days after following receipt of the grievance to meet with decision of the grievant and his administrative director or her unit representative or the CCNA/PASNAP and once the meeting has occurredacademic ▇▇▇▇, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at refer the grievance hearing. STEP THREE - The grievant and or complaint in writing to the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Employee Relations Manager who shall have ten render a decision in writing within seven (107) work calendar days. The Employee Relations Manager may call a meeting with the Union Grievance Committee to discuss the grievance or complaint. At such meeting the grievor and their supervisor shall be in attendance.
Step 5: Failing settlement under Step 4, the grievance or complaint may be referred to arbitration within seven (7) calendar days after following receipt of the grievance decision of the Employee Relations Manager.
11:02 Where a dispute between the parties involving a question of general policy occurs, the difference between the parties shall be reduced to meet with writing citing the grievant alleged violations and the unit representative or particulars of the CCNA/PASNAP and once the meeting has occurred, ten (10) days situation giving rise to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance and, in the case of a Union grievance, signed by the President, Vice-President, or his appointee. In the case of a grievance by the Employer it shall be signed by the Employee Relations Manager. Failing settlement of such disputes, it is still not satisfactorily settled, the matter understood that same may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules carried through Step 4 of the American Arbitration Association applicable to labor arbitrations.
2. The costs of Grievance Procedures, including arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding settlement.
11:03 The Employer shall grant sufficient time to the Chairperson and/or Committee Person for the adjustment of grievances without loss of salary. The Chairperson and/or Committee Person shall notify their immediate supervisor when leaving their job to adjust a grievance and upon their return to work. In the event the department is unduly interfered with, a mutually agreed upon time will be taken within 24 hours.
11:04 All replies to grievances shall be in writing at all stages and copies of such replies from the Employer shall be forwarded by the Employer to the President of the Union and the Chairperson within the time limits as specified above.
11:05 The Grievance Committee of the Union hereinbefore referred to shall be comprised of the President of the Union and/or their appointee, the Chairperson and two other Committee Person. It is agreed that at least one member of the Grievance Committee shall be the Committee Person representing the grievor.
11:06 Any and all time limits may, at any time, be extended by written mutual agreement of both parties.
4. 11:07 The Arbitrator grievor shall have jurisdiction only over disputes arising out suffer no loss of grievances as defined pay if any meetings required in Section 1 of the Article, and he or she shall have no power within Article are held during the grievor's regular working hours.
11:08 The parties agree to add to, subtract from, or modify in meet on a monthly basis to discuss any way outstanding grievance(s) prior to any of the terms of this Agreementgrievance proceeding to arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
112.01 It is the mutual desire of the parties that employee complaints be adjusted as quickly as possible. A grievance shall In order to effectively deal with alleged violations of the collective agreement, such allegations will be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of acted upon in the following manner: STEP ONE - The employee or employees affected Employees shall present first give their immediate supervisor the opportunity of adjusting their complaint. Such complaint shall be in writing on a written grievance complaint form, which may be delivered in electronic format as a scanned file, given to his or her immediate manager the supervisor within seven ten (710) work working days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt after the circumstances giving rise to affect a satisfactory settlementthe complaint have occurred. The manager shall have Within five (5) working days after receipt of receiving the grievance to complaint, the supervisor will meet with the grievant and employee to discuss the unit representative or complaint. The employee may be accompanied by one union representative. The supervisor shall return the CCNA/PASNAP and once form to the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may employee within five (5) working days after of the manager's answer appeal meeting, with their written response. Failing settlement, it may then be forwarded to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may 2 within five (5) working days after of receipt of the Department Head's answer appeal response. In the matter event the issue concerns a posting, the grievance shall be discussed with the Supervisor making the hiring decision. Such grievance shall originate at Step 2 of the grievance process. If the complaint is not resolved at Step One, the Grievance Chair or designate may forward a grievance, in writing, which may be delivered in electronic format as a scanned file, to the Director of Employee Relations or designate, within five (5) working days of the receipt of the response at Step ThreeOne and attach a copy of the Step One form. The written grievance, signed by the aggrieved employee and/or union representative must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement, which are alleged to have been violated. The parties agree that the carriage of the grievance remains with the Union. A grievant in a non-nursing department shall have meeting will be held within fifteen (15) working days from the right to request a member date of Nursing Management to be present at receipt of the grievance hearingat Step Two. STEP THREE - The grievant meeting will include the appropriate management and union representatives. A decision shall be delivered, in writing, to the unit representative Chairperson of the Grievance Committee, within five (5) working days from the date on which the meeting was held.
12.02 The Region may, at its discretion refuse to consider a complaint or CCNA/PASNAP will submit a grievance filed directly at Step 2, or having considered it, refuse to agree to the written grievance to a Human Resource Manager who shall have arbitration of any matter, the alleged circumstances of which occurred more than ten (10) work working days after receipt prior to the filing of a complaint and/or a grievance in writing. Extensions to the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after will not be unreasonably denied in the hearing event of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the partiesa protected leave.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance 9.01 It is the mutual desire of the parties hereto that complaints of employees shall be defined Verbal adjusted as any complaint, dispute, controversy or disagreement involving one (1) or more employees quickly as possible and CROZER or between CCNAit is understood that an employee has no Complaint grievance until s/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or he has first given his/her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNAmanagement supervisor an opportunity to adjust his/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingcomplaint. If no satisfactory settlement is reached the grievant or CCNAan employee has a complaint s/PASNAP may he shall discuss it with his/her immediate management supervisor within five (5) days after the manager's answer appeal employee would reasonably be expected to Step Two. A grievant in a non-nursing department shall have become aware of the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance circumstances giving rise to the grievant’s Department Head or his or her authorized representativecomplaint. The Department Head or his or her authorized representative immediate management supervisor shall have be allowed five (5) days after receipt to seek information and advice and to communicate his/her answer to the complainant. At any stage of the grievance procedure the grievor may be accompanied by an Association representative, who is an employee of the University.
9.02 If the complaint is not settled to meet with the grievant satisfaction of the employee concerned, the following steps of the grievance procedure may be invoked in order: Within five (5) days of the reply of the immediate management supervisor, the employee may present his/her alleged grievance in writing on a form acceptable to the University to his/her immediate management supervisor. Each written grievance shall be signed by the grievor and his shall include:
(a) the date of presentation,
(b) the nature of the grievance,
(c) the remedy sought,
(d) the paragraph or her unit representative paragraphs of this Agreement alleged to have been violated or the CCNAalleged occurrence said to have caused the grievance. The employee may be assisted in the preparation and presentation of his/PASNAP and once the meeting has occurred, ten(10) days to give his or her answergrievance by his/her representative. If no satisfactory settlement is reachedFailing an immediate settlement, the grievant or CCNAimmediate management supervisor shall deliver decision in writing to the employee and his/PASNAP may her representative within five (5) days after following the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member presentation of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten him/her. If not settled at Step One, the grievor together with his/her representative or the Association President may, within five (105) work days after receipt of the reply at Step One, present the grievance in writing to the Director of Hospitality Services or their nominee with a notice of a desire to meet with them. The Director, or his/her nominee, shall meet with the grievant and the unit grievor, his/her representative or the CCNA/PASNAP and once the meeting has occurred, ten Association President within five (105) days to of the receipt of such notice and shall give his or his/her answerreply in writing within five (5) days following the meeting. If no satisfactory settlement is reachednot settled at Step Two, the CCNAgrievor, together with up to three (3) of the Committee members recognized in clause 7.01 may, within five (5) days of the reply at Step Two, present the grievance in writing to the Manager, Employee Relations or designate with a notice of a desire to meet with him. The Manager, Employee Relations or designate shall meet with the Committee within five (5) days of the receipt of such notice and shall give his/PASNAP may her reply in writing within thirty five (305) calendar days after following the Human Resource meeting. If the grievor and the Association Committee are not satisfied with the decision of the Manager's answer appeal , Employee Relations or designate they may, within five (5) days of such decision demand in writing that the matter be taken to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected arbitration in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsprocedure provided in this Agreement.
2. 9.03 The costs of arbitration shall time limits prescribed in Article 9 (Grievance Procedure), Article 10 (Discharge/ Time Suspension Cases) and Article 11 (Arbitration) may be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings Lines agreement of the Arbitrator parties in writing.
9.04 If the time limits or any mutually agreed upon extension are not observed by employees or the Association, the grievance shall be final considered as abandoned and binding may not be re-opened. If the time limits or any mutually agreed upon extension are not observed by the partiesUniversity, the grievance will be considered as advanced to the next stage of the grievance procedure.
4. The Arbitrator shall have jurisdiction only over disputes 9.05 Any difference arising out of grievances as defined directly between the Association and the University (other than Collective Agreement renewal discussions or a matter affecting individual employees) may be introduced in Section 1 writing at Step Three of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreementgrievance procedure.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. The adjustment of grievances shall be accomplished as rapidly as is possible in order to resolve the grievance promptly. To expedite resolution, the written grievance (Appendix A, Form A) shall be initiated within sixty (60) days following the events or occurrence upon which the grievance is based, or from the date when the grievant knew or should reasonably have had knowledge of its occurrence. Grievances related to salary must be filed within this sixty (60) day time period and shall not require correction and back pay for any period greater than one calendar year from the date of the actual event. The number of days within which each step is prescribed to be accomplished shall be considered a maximum and every effort shall be made to expedite the process. Failure of either party to meet the appropriate time limits shall be cause for the grievance to be sustained or denied.
Step 1. A : An employee with a grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees encouraged by the Association and CROZER or between CCNA/PASNAP the employer to discuss the grievance with the employee's immediate supervisor and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances every effort shall be processed and disposed made to resolve the grievance at this level in an informal manner. If the employee is dissatisfied with the outcome of in the following manner: STEP ONE - The initial private conference(s), the employee or employees affected shall present may request a written formal conference with the immediate supervisor by reducing the grievance to his or her immediate manager writing defining facts and issues (Appendix A - Form A). This formal conference shall occur within seven (7) work days of its occurrenceafter the immediate supervisor has received the written complaint. A written response (Appendix A - Form B), with a unit representative of CCNA/PASNAPsupporting rationale, in an attempt shall be forwarded to affect a satisfactory settlement. The manager shall have five the grievant from the immediate supervisor within seven (57) days after the formal conference.
Step 2: If the grievance is not resolved to the satisfaction of the grievant under Step 1, the grievant may, within seven (7) days after the receipt of the written report of the formal conference (Appendix A - Form B) refer the grievance to the Superintendent by submitting a copy of the Grievance Review Request Form (Appendix A - Form B) to that office. Within three (3) days after the receipt of the Grievance Review Request Form (Appendix A - Form B), the Superintendent will either accept responsibility for reviewing the grievance or assign another District administrator to review the grievance. The Superintendent or designee will meet with the grievant and any representatives or witnesses the unit representative District, grievant, Association or the CCNA/PASNAP and once the meeting has occurredSuperintendent, or designee, wish to be present within ten (10) days to give his or her answer in writingof receiving the Grievance Review Request Form (Appendix A - Form B). If no satisfactory settlement is reached The grievant may be represented at the meeting by such parties as the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Twofeels necessary. A grievant in a non-nursing department shall have The Association has the right to request a member of Nursing Management to be present at such a meeting. The Superintendent or designee
Step 3: If the grievance hearing. STEP TWO - The grievant and is not settled on the unit representative or CCNA/PASNAP shall basis of the foregoing procedures, the Association may submit the issue to final and binding arbitration by providing written grievance notice (Appendix A - Form D) to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Superintendent within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days following Association’s receipt of the District’s final decision at Step 2 (Appendix A - Form C). Within seven (7) days of notification that the dispute is submitted for arbitration, the District and the Association shall attempt to give his or her answeragree on an arbitrator. If no satisfactory settlement is reachedthe District and the Association fail to agree on an arbitrator, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator Association shall be selected in accordance file for arbitration with the prevailing rules of either the American Arbitration Association applicable to (AAA) or the Federal Mediation and Conciliation Service (FMCS) under their labor arbitrations.
2arbitration rules. Upon receipt of a list of arbitrators from either AAA or FMCS, the parties will use the “strike” method of selecting an arbitrator. The costs of arbitration shall be shared equally by theparties.
3. The Arbitratorarbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the on all parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she arbitrator shall have no power authority to add to, subtract from, or otherwise change or modify in any way any of the terms provisions of this Agreement, but shall only be authorized to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration of the issue in dispute.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 8.01 The purpose of this Article is to establish a procedure for the settlement of grievances.
1. A grievance shall be defined as any complaint8.02 An employee, disputewho has a complaint relating to the interpretation, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning administration or interpretation alleged violation of this Agreement, may discuss his/her complaint with their Production Manager. Grievances Such employee may be accompanied by the ▇▇▇▇▇▇▇, if they so desire. Such a complaint shall be processed and disposed of in brought to the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt attention of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may Production Manager within five (5) working days after of the manager's incident giving rise to the complaint. The Production Manager shall state his/her decision verbally within three (3) working days of receiving the complaint.
Step 1 Should the employee be dissatisfied with the Production Manager’s disposition of the complaint, he/she may, with the assistance of the ▇▇▇▇▇▇▇, refer such matter on a written grievance form as supplied by the Union to their Executive Vice- President/Controller who shall answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativein writing within three (3) working days. The Department Head or his or her authorized representative complaint shall have five (5) days after receipt of the constitute a formal grievance to meet with the grievant at Step 1 and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may shall be filed within five (5) working days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance Production Manager’s reply to meet with the grievant complaint.
Step 2 If no settlement is reached at Step 1, the Trade Union Representative, the Grievor, the ▇▇▇▇▇▇▇, Unit Chairperson and the unit representative of Management shall meet within five (5) working days, or a time mutually agreed upon, to discuss the CCNA/PASNAP grievance. The grievance shall specify the Article or Articles of the Agreement of which a violation is alleged, contain the nature of the grievance and once indicate the meeting has occurred, ten relief sought and be signed by the employee and countersigned by the ▇▇▇▇▇▇▇. Management’s representative shall answer the grievance in writing within five (105) days to give his or her answerworking days. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered settled within thirty five (305) working days after the hearing of the disputesaid response it may be referred to arbitration as hereinafter provided.
8.03 The Union or the Employer may initiate a Policy grievance beginning at Step 2 of the Grievance Procedure. Such Policy grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step 1. Any such Policy grievance may be referred to arbitration by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. The Union may not institute a Policy grievance directly affecting an employee or employees, unless which the employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed.
8.04 Through mutual agreement of the parties when two (2) or more employees file a grievance arising from the same alleged violation of this Agreement, such grievances may be handled as a Group Grievance beginning at Step 2 of the Grievance Procedure.
8.05 No grievance may be submitted concerning the termination of employment, layoff or disciplining of a probationary employee. It is agreed that the employment of a probationary employee may be terminated without cause at the sole discretion of the Employer.
8.06 Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedures within the time specified shall be deemed to have been withdrawn. However, time limits specified in the Grievance Procedure may be extended by mutual agreement. The findings of agreement in writing between the Arbitrator shall be final Employer and binding upon the partiesUnion.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. Section 1 - A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning a violation of the application, meaning or interpretation specific terms of this Agreement. Grievances .
Section 2 - Any grievance or complaint shall be processed presented to the supervisor for settlement. Any employee or group of employees who have any grievance may be accompanied by their ▇▇▇▇▇▇▇, if so desired, and disposed must submit it to the supervisor within five (5) regularly scheduled working days after the occurrence of the event upon which the grievance is based. The supervisor shall investigate and report his/her disposition of the complaint within three (3) regularly scheduled working days after it has been made to him/her. In the event the complaint is not satisfactorily settled in this manner, the following manner: STEP ONE procedure shall apply:
Section 3 - The FIRST STEP. To be processed hereunder, a grievance must be reduced to writing, state the facts upon which it is based, when they occurred, specify the section of the contract which has allegedly been violated, must be signed by the employee or employees affected shall present a written who is filing the grievance and must be presented to his or his/her immediate manager supervisor within seven (7) work regularly scheduled working days after the occurrence of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementthe event upon which it is based. The manager supervisor shall have five give a written answer to the aggrieved employee within (53) regularly scheduled working days after receipt of the written grievance. If the answer is mutually satisfactory, the employee or his/her ▇▇▇▇▇▇▇ shall so indicate it in writing, giving one (1) copy of the settled grievance to meet with the grievant supervisor.
Section 4 - SECOND STEP. If the grievance is not settled in the First Step and the unit employee desires to appeal it to the Second Step, such employee and/or the Union ▇▇▇▇▇▇▇ must present the grievance to the a person designated by the Superintendent within three (3) regularly scheduled working days after the supervisor gave the employee the written First Step answer. The person designated by the Superintendent shall give the employee and/or the union ▇▇▇▇▇▇▇ a written and signed second step answer within three (3) regularly scheduled working days after he/she receives the grievance at this step. If the answer is satisfactory, the ▇▇▇▇▇▇▇ or employee shall so indicate it in writing, giving one (1) copy of the settled grievance to the person designated by the Superintendent.
Section 5 - THIRD STEP. If the grievance has not been settled at the Second Step and if it is to be appealed to the Third Step, a written notice of such appeal must be served upon the Superintendent within two (2) regularly scheduled working days after receipt by the ▇▇▇▇▇▇▇ and/or the employee of the Second Step answer. The Union's representative or and the CCNA/PASNAP and once Superintendent and/or representative by them designated shall meet to consider the meeting has occurred, grievance within ten (10) regularly scheduled working days after the Superintendent receives notice of appeal to this step. The Superintendent or his/her designated representative shall give his or her the Union's representative a written answer to the grievance in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may triplicate within five (5) regularly scheduled working days after the manager's answer appeal to Step Twodate of such meeting.
Section 6 - FOURTH STEP. A grievant in If, at this point, a non-nursing department grievance has not been satisfactorily settled, the Union shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written such grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five Board of Education, provided such submission is made within fifteen (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (3015) calendar days after receipt by the Human Resource ManagerUnion of the Employer's answer appeal the matter to Third Step Fouranswer. STEP FOUR - If the grievance is still has not satisfactorily settledbeen submitted to the Board of Education within said fifteen (15) calendar day period, it shall be considered as being withdrawn by the matter may be appealed to an impartial ArbitratorUnion. The Arbitrator Board of Education shall have no authority to add to, subtract from, change or modify any provisions of this Agreement but shall be selected limited solely to the interpretation and application of the specific provisions contained herein. However, nothing contained herein shall be construed to limit the authority of the Board of Education in accordance their judgment to sustain, reverse or modify any alleged unjust discharge that may reach this state of the grievance procedure. All presentations of grievances under this step shall be made to the Board of Education in an open session, except for cases involving discipline during which the affected employee may request an executive session, at which the employee may have his/her representative present, along with the prevailing rules appropriate administrators or supervisors.
(a) The decision of the American Arbitration Association applicable to labor arbitrations.
2. The costs Board of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator Education shall be final and binding upon the partiesparties hereto but, if necessary and requested by the parties hereto, the Board of Education will take appropriate action on the grievance at an official meeting of the Board.
4Section 7 - Grievances which are not appealed within the time limits specified in the grievance procedure shall be considered to be withdrawn by the Union. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 If the Employer fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure.
(a) It is understood and agreed that the time limits specified in this grievance procedure may be extended by written agreement between the Employer and the Union.
Section 8 - Whenever the words are used in this Article, "regularly scheduled working days" shall be defined as those days which are scheduled for work between Monday and he or she shall have no power to add toFriday, subtract fromboth inclusive, or modify in any way any of the terms of excluding holidays recognized under this Agreement.
Section 9 - The Union shall promptly notify the Superintendent in writing as to the membership of its grievance committee and any changes therein. The Union's grievance committee shall be comprised of not more than two (2) individuals who have not less than six (6) month's seniority with the Employer.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
Step 1. A Any bargaining unit employee having a grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNAschedule a meeting to discuss such grievance with his/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager supervisor within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days from date of the incident giving rise to give his the grievance, or when the employee reasonably should have known of the incident. Following the meeting, the immediate supervisor will notify the bargaining unit member in writing of whether his/her answer grievance is granted or denied.
Step 2. If, as a result of this discussion, the matter is not resolved to the satisfaction of the grievant (i.e., the grievance is denied), within five (5) days, from the date the immediate supervisor notified the bargaining unit member that his/her grievance is denied, he/she shall set forth his/her complaint in writing, using Appendix B, to the appropriate supervisor. If no satisfactory settlement is reached The supervisor shall communicate his/her decision to the grievant or CCNA/PASNAP may in writing within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the written complaint. A copy of the grievance and the supervisor’s decision shall be given to meet with the Grievance Committee.
Step 3. The grievant and his or her unit representative or may appeal the CCNA/PASNAP and once supervisor’s decision to the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Superintendent within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after from receipt of the written response. The Superintendent shall request a report on the grievance to meet from the supervisor, shall confer with the grievant concerned parties, and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days shall attempt to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal resolve the matter as quickly as possible but within a period not to exceed
Step Four4. STEP FOUR - If the grievance still is still not satisfactorily settledresolved to the grievant’s satisfaction, the matter Association may appeal such disposition to arbitration by submitting a demand for arbitration to the Board Treasurer within twenty (20) days of receipt of the Superintendent’s written disposition of the grievance. A copy of such demand shall be appealed given to an impartial Arbitratorthe Superintendent. The moving party shall request arbitration services and a date by contacting in writing the American Arbitration Association with a copy of such request mailed to the Superintendent. The Board/Administration shall automatically join in such request. The Arbitrator shall be selected from a list supplied by the American Arbitration Association. The arbitration shall be conducted in accordance with the prevailing rules voluntary Rules and Regulations of the American Arbitration Association applicable to labor arbitrations.
2Association. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's arbitrator will render the written decision shall be rendered within and award no later than thirty (30) working days after following the hearing closing of the dispute, unless extended by mutual agreement. The findings of record on the Arbitrator shall be final and binding upon the partiescase.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
Section 1. A grievance shall be defined as any complaint, under this Agreement is a written dispute, controversy claim or disagreement involving one (1) complaint arising under this Agreement, which has not been satisfactorily resolved informally between the employee and the Supervisor of Transportation and, at the employee's request, the employee's ▇▇▇▇▇▇▇. It may be filed by an employee in the bargaining unit. Grievances are limited to matters of interpretation or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation application of this Agreement.
Step 1. Grievances In the event a dispute or grievance arises under and during the term of this Agreement, the grievance shall be processed submitted in writing, signed by the employee(s) involved. The employee(s) involved and disposed the ▇▇▇▇▇▇▇ shall first discuss the matter with the Supervisor of in Transportation who will consider such grievance and reply to the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager employee(s) involved within seven (7) work five working days of its occurrence, with a unit representative the receipt of CCNA/PASNAP, in an attempt to affect such grievance.
Step 2. If a satisfactory settlementsettlement is not made within five working days of the reply as indicated in Step 1, the grievance shall be submitted in writing, signed by the employee(s) and filed by the ▇▇▇▇▇▇▇ with the Director of Business. The manager shall have A meeting will be scheduled with the Director of Business within five (5) working days after receipt of the grievance. The Director of Business shall answer the grievance to in writing within five working days after the conclusion of the meeting. The grievant (or not more than two members of a group of grievants), together with the ▇▇▇▇▇▇▇, Grievance Chair, and, if desired, the MEA Representative, will meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingDirector of Business.
Step 3. If no satisfactory settlement is reached the grievant grievance has not been adjusted in either Steps 1 or CCNA/PASNAP 2, the matter may be referred to the Superintendent of Schools within five (5) working days after the manager's written answer appeal to given in Step Two2. A grievant in a non-nursing department shall have meeting will be scheduled with the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) Superintendent within ten working days after receipt of the grievance. A grievant shall be entitled to have both Stewards, the local union president and/or the MEA representative of the Union present to assist in the adjustment of the grievance to meet with in this step. The Superintendent of Schools shall answer the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answergrievance in writing within ten working days.
Step 4. If no satisfactory settlement is reachedthe grievance has not been satisfactorily adjusted at Steps 1, 2 or 3, the grievant or CCNA/PASNAP Union may request arbitration within five (5) 30 days after the Department Head's answer appeal reply of the matter Superintendent is received, by written notice to Step Threethe Superintendent. A grievant in a non-nursing department The arbitration proceedings shall have the right to request a member of Nursing Management be conducted by an ad hoc arbitrator to be present at selected by the Employer and Union within seven days after notice has been given. If the parties fail to select an arbitrator within such time, either party may request that the grievance hearingbe referred to the American Arbitration Association. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of Thereafter, the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected handled in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2Association. The costs of arbitration Expenses for the arbitrator's service and the proceedings shall be shared borne equally by theparties.
3the Employer and the Union. The Arbitrator's decision However, each party shall be rendered within thirty (30) working days after the hearing responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the disputeproceedings, unless extended by mutual agreementit may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. The findings of There shall be no appeal from the Arbitrator arbitrator's decision. Each such decision shall be final and binding on the Union and its members, the employee or employees involved, and Employer.
Section 2. Any grievance upon which a disposition is not made by the Employer within the time limits prescribed or any extension which may have been agreed to, shall be deemed to be granted if the monetary liability of the district on such grievance does not exceed $150.00. If the grievance involves a monetary liability in excess of $150.00, the grievance shall automatically be referred to the next step of the grievance procedure. Any grievance not carried to the next step by the Union within the prescribed time limits agreed to shall be automatically closed upon the partiesbasis of the last disposition, and shall not be subject to further review unless stipulated to by the Employer and the Union. Any grievance resolved by default under this section shall not be considered a precedent for any other case.
Section 3. Any grievance may be withdrawn without prejudice, and, if so withdrawn, all financial liabilities shall be cancelled. If the grievance is reinstated, the financial liability shall date only from the date of reinstatement. If the grievance is not reinstated within one month from the date of withdrawal, the grievance shall not be reinstated. When one or more grievances involve a similar issue, those grievances may be withdrawn without prejudice pending the disposition of the appeal of a representative case. In such event, the withdrawal without prejudice will not affect financial liability.
Section 4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she grievant shall have no power to add to, subtract from, or modify claim for back wages in any way any excess of the terms amount of this Agreementwages the grievant would otherwise have earned at her regular rate.
Section 5. No grievance may be considered unless it is filed at Step 1 within twenty working days of the occurrence of the event giving rise to the grievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation 9.01 For purposes of this Agreement. Grievances , a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable.
9.02 It is the mutual desire of the parties hereto that complaints of employees shall be processed adjusted as quickly as possible, and disposed it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of in adjusting his complaint. If an employee has a complaint, such complaint shall be discussed with his immediate supervisor within eight (8) days after the following manner: STEP ONE - The employee circumstances giving rise to the complaint have originated or employees affected shall present occurred. If the immediate supervisor is unable to adjust a written grievance complaint to his or her immediate manager their mutual satisfaction within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days, the employee may proceed with a grievance procedure within eight (8) days following the decision of the immediate supervisor. The employee may choose to have a ▇▇▇▇▇▇▇ assist at the complaint stage.
9.03 The grievance of the employee properly arising under this Agreement must be adjusted and settled as follows:
1: The employee must submit a written grievance, signed and dated by the employee, to their immediate supervisor. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated must be set out in the grievance. The immediate supervisor will deliver their decision in writing within eight (8) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached Failing settlement, the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member next step of Nursing Management to be present at the grievance hearingprocedure may be taken. STEP TWO - The grievant and Step No. 2: Within eight (8) days following the unit representative or CCNA/PASNAP shall decision under Step No. 1, the employee must submit the written grievance to the grievant’s Department Head or his Executive Director (or her authorized representativedesignate). The Department Head or his or her authorized representative shall have five Within thirteen (513) days after of receipt of the grievance to meet with by the grievant and his or her unit representative Employer, (or the CCNA/PASNAP and once Union in the case of a policy grievance), a meeting shall be held to discuss the grievance. The grievor must be present at this meeting. A decision in writing shall be delivered by the party receiving the grievance within eight (8) days after the meeting has occurredat which the grievance was discussed. Failing settlement, ten(10) days either party may submit the matter to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may arbitration within five thirteen (513) days after the Department Head's answer appeal the matter to reply at Step ThreeNo. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer2 is given. If no satisfactory settlement written request for arbitration is reachedreceived within such thirteen (13) day period, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable deemed to labor arbitrationshave been abandoned.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance 11.1 It is the mutual desire of the Parties hereto that complaints of employees shall be defined adjusted as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreementquickly as possible. Grievances Such complaints shall be processed and disposed of acted upon in the following manner: STEP ONE - The manner and sequence.
Step 1 It is understood that an employee or employees affected has no grievance until they have first given their immediate Supervisor an opportunity of adjusting their complaint. Such complaint shall present a written grievance to his or her be discussed with the immediate manager Supervisor within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of the grievance circumstances giving rise to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has complaint have occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP and failing settlement, it may then be taken up as a grievance within five (5) working days after following the manager's answer appeal discussion with the immediate Supervisor. In discussing such complaints, the employee may be accompanied by a Local Union Representative.
Step 2 The aggrieved employee(s) shall submit their grievance in writing to Step Twothe Chairperson of the Union Committee. A grievant in a non-nursing department shall have If the right to request a member Grievance Committee of Nursing Management the Union considers the grievance to be present justified, the employee(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Division Manager and/or his or her immediate departmental Director/Manager within five (5) working days as spelled out in Step 1. The written grievance signed by the aggrieved employee(s) must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. The Division Manager and/or his or her immediate departmental Director/Manager will deliver their decision in writing within five (5) working days following the day on which the grievance hearingis presented to them. STEP TWO - The grievant Division Manager and/or his or her immediate departmental Director/Manager will also distribute copies of the original grievance and their answer, to the unit representative or CCNA/PASNAP shall immediate Supervisor concerned. Failing settlement then Step 3 may be invoked. Step 3 ** Within five (5) working days following the decision under Step 2, the Grievance Committee may submit the written grievance to the grievant’s Department Head Manager of Employee Relations or his Designate. A meeting will be held within ten (10) working days at which time the matter will be reviewed. ** The Manager of Employee Relations or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Designate will deliver their decision in writing within five (5) working days after from the Department Head's answer appeal date on which the matter meeting was held under Step 3.
11.2 A complaint or grievance arising directly between the Corporation and the Union concerning the interpretation, application or alleged violation of this Agreement, shall be originated under Step 3. Failing settlement under Step 3, it may be submitted to Step ThreeArbitration in accordance with Article 12. A grievant in This provision may not be used to process a non-nursing department shall have grievance directly affecting one (1) employee or a group of less than four (4) employees unless the right to request time within which such employee or employees could lodge or continue a member of Nursing Management to be present grievance has not expired at the time the policy grievance hearingis lodged. STEP THREE - The grievant and Any grievance by the unit representative Corporation or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who Union as provided in this paragraph, shall have ten be commenced within thirty-five (1035) work calendar days after receipt of the date of occurrence. Either Party may request the presence of the grievor at any step of the Grievance Procedure.
11.3 Failing settlement under the foregoing procedure of any grievance between the Parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredwhether a matter is arbitrable, ten (10) days such grievance may be submitted to give his or her answerArbitration, as set forth in Article 12. If no satisfactory settlement written request for Arbitration is reached, the CCNA/PASNAP may received within thirty twenty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (3020) working days after the hearing decision under Step 3 is given, it shall be deemed to have been settled and not eligible for Arbitration.
11.4 Replies to grievances shall be in writing at all stages.
11.5 All agreements reached under the Grievance Procedure between the representatives of the dispute, unless extended by mutual agreement. The findings Corporation and the representatives of the Arbitrator shall Union will be final and binding upon the partiesCorporation and the Union and the employee(s).
4. The Arbitrator 11.6 No adjustment affected under the Grievance Procedure or Arbitration Procedure shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 be made retroactive prior to the date of the Articleoccurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation.
11.7 Where no answer is given within the time limits specified in the Grievance Procedure, the employee(s) concerned, the Union and he or she the Corporation shall have no power be entitled to add to, subtract from, or modify in any way any submit the grievance to the next step of the terms Grievance Procedure.
11.8 The Corporation will supply the necessary facilities for the Grievance Meeting.
11.9 The time limits fixed in the Grievance Procedure may be extended by mutual consent of this the Parties to the Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be 8.01 The grievances defined as any complaintcomplaint alleging violation, dispute, controversy misinterpretation or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any misapplication of the terms of this Agreementagreement.
8.02 If any differences arise hereafter between the Company and the Union or any employee or employees as to the proper meaning or application of the terms of this agreement, there shall be no stoppage or suspension of work on account of such differences but such differences shall be submitted through the following grievance and arbitration procedures. An employee shall not leave his/her job to discuss any matter until the Company has had reasonable time to provide a relief person.
8.03 It shall be optional to the Company to decline to consider any grievance, other than one regarding wages, the alleged circumstances of which originated or occurred more than ten working days prior to its presentation unless exercising due diligence the employee could not have been aware of the circumstances giving rise to the grievance.
8.04 Any employee with a grievance shall first discuss the matter with his/her Supervisor. A committee member shall be present at such discussion. if after such discussion the employee or employees and the Supervisor have not reached a mutually satisfactory settlement of the matter, the employee or employees may then proceed under the grievance procedure as outlined below:
8.05 Any employee having a grievance or complaint shall present it in writing through his/her committee member to his/her Supervisor within 3 working days after such grievance or complaint became known to him/her. A grievance concerning wages shall not be limited to the 3 day period. The committee member will accompany the employee in discussing the grievance or complaint with the Supervisor. The Supervisor shall give his/her decision in writing within 3 working days, unless, extenuating circumstances beyond his/her control require longer period of time for such reply.
8.06 If the aggrieved employee is unwilling to accept the decision of the Supervisor, the grievance may be submitted, on approval of the Union, within 24 hours (excluding Saturdays, Sundays, and Holidays) to the Personnel Manager or their authorized representative.
8.07 The Personnel Manager and/or their authorized representative shall meet with the Union Committee within five working days following receipt of the employee's appeal in writing or within such greater period of time as the parties may agree on and they shall collectively make every reasonable effort to reach satisfactory settlement of the grievance. The Personnel Manager and/or their authorized representative shall give his/her decision in writing within two working days after meeting.
8.08 It is understood and agreed by and between the parties hereto that the grievance procedure as outlined in Article 8 herewith will apply to a grievance lodged by a group of employees. In case of such group grievances, employees involved will be allowed 15 minutes to elect one representative for the group, who then will proceed with the grievance as outlined in Article 8.
8.09 An allegation by the Union or the Company that the Company or the Union has violated or misinterpreted this agreement may be lodged in writing as a policy grievance to the Company or Union. Failing satisfactory settlement the grievance may then be appealed to arbitration as herein provided. Time limits to be as provided for in Article 8.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance 8.01 The Employer acknowledges the right of the Union to appoint or otherwise select a Grievance Committee of three (3) members who shall be defined as any complaintemployees of the Employer, disputewithin the bargaining unit. The personnel of such committee shall be communicated to the Employer.
8.02 Should a dispute arise between the Employer and employee(s) within the bargaining unit, controversy regarding the interpretation, application or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation administration of this Agreement. Grievances , including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall be processed and disposed of made to settle the dispute in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of .
8.03 In the grievance procedure, the Union will have carriage of any and all grievances.
8.04 A complaint shall not be considered a grievance, unless the aggrieved employee has first given the immediate supervisor the opportunity to meet with adjust the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, complaint. Such complaint shall not be considered after ten (10) working days of the incident giving rise to give his the complaint or her answer ten (10) working days after when the employee ought reasonably to have become aware. Failing satisfactory resolution by the
Step 1 Failing agreement being reached in the complaint stage, a grievance may be submitted to the immediate supervisor/Manager, in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may , within five (5) days after the manager's answer appeal to Step Twoworking days. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance supervisor will respond to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the Union/grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may committee in writing within five (5) days after working days.
Step 2 Failing agreement, the Department Head's answer appeal grievance may be submitted to the matter to Step Three. A grievant Director, in writing, stating the grievance concerned and a non-nursing department hearing shall have be held with the right to request ▇▇▇▇▇▇▇ or a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten committee within five (105) work working days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten such notice. Failing agreement being reached within three (103) working days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal of the matter to being discussed in Step Four. STEP FOUR - If the grievance is still not satisfactorily settled2, the matter may be appealed to an impartial Arbitrator. The Arbitrator within a further seven (7) working days shall be selected in accordance with discussed at a hearing between the prevailing rules of grievance committee and the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration Assistant Vice-President, Human Resources (or their designate) who shall be shared equally by theparties.
3. The Arbitrator's render a decision shall be rendered within thirty five (305) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the partiessuch a hearing.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy A. Any disagreement or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning dispute regarding the application, meaning or interpretation of any provision of this Agreement. Grievances Agreement shall be processed and disposed resolved pursuant to the following procedure:
Step 1: The Union shall present the grievance in writing within twenty (20) working days from the date the grievance occurred or when the Union should have reasonably known of the occurrence, to the department head or, if the grievance arises in the following manner: STEP ONE - The employee or employees affected shall present a written grievance school system, to his or her immediate manager within seven the Superintendent of Schools. Within ten (710) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of the written grievance, the department head, Superintendent and/or his/her designee shall meet with representatives of the Union for the purpose of resolving the grievance. The department head or Superintendent designee shall provide a written answer regarding the grievance to meet the Union no later than twenty (20) working days after said meeting. In the cases of a suspension and/or discharge Step 1 may be waived and the grievance may be filed directly at Step 2. A grievance alleging a violation of Article 5, 13, 14, 15, 21, 22, or 23 may be filed with the grievant and Director of Labor Relations at Step 2. Formatted: Font color: Red
Step 2: If the unit representative grievance is not resolved at Step 1, or it is a Step 2 filing, the CCNA/PASNAP and once the meeting has occurredUnion may, within ten (10) working days to give his of the Step 1 response, or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may case of suspension and/or discharge within five twenty (520) working days after of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member imposition of Nursing Management to be present at discipline, file the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his First Selectman or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answerdesignee. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have Within ten (10) work LIUNA CBA 20169 - 201923 working days after of receipt of said grievance the First Selectman or his/her designee shall meet with representatives of the Union. Within twenty (20) working days of such meeting the First Selectman or his/her designee shall provide a written answer regarding the grievance to meet with the grievant Union.
Step 3: If the grievance is not resolved and if it involved an alleged violation by the unit representative or Town of an express provision of this Agreement, the CCNA/PASNAP and once the meeting has occurredUnion may, within ten (10) working days to give his or her answer. If no satisfactory settlement is reachedof receipt of the Step 2 response, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If file the grievance is still not satisfactorily settledin writing, with a copy to the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance Town, with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2or American Dispute Resolution Center for selection of an arbitrator. Said Arbitrator shall hear and act upon the grievance in accordance with American Arbitration Association or American Dispute Resolution Center’s rules and the terms of this Agreement. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the all parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section B. If the grievance is not filed at Step 1 within twenty (20) working days of the Articletime the grievant knew or should have reasonably known of the act, occurrence or event being grieved, the grievance shall be waived and he or she there shall be no right to arbitration.
C. The arbitrator shall have no power to add to, subtract from, from or modify in any way any of the terms provisions of this Agreement nor to imply any obligation on the Town or the Union which is not specifically set forth in this Agreement. Awards may not be retroactive beyond thirty (30) days prior to the date the grievance was filed at Step 1.
D. During the pendency of a grievance concerning separation from service or suspension, the employee shall be entitled to keep his/her insurance as set forth in Article 13(C) and (D) of this Agreement in effect by making payments to the Town of the total amount of the insurance premiums for his/her coverage, and if a final decision in favor of the employee is rendered, the Town shall reimburse the employee for the total amount of insurance premiums paid by the employee less the employee’s required premium contribution. E The cost of arbitration shall be borne equally by the parties, however, each party shall bear the expenses of its own representatives and witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
17.01 The parties agree that their interests are best served by the speedy resolution of grievances. A grievance shall be defined To this end, should any differences arise as any complaintto the interpretation, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning administration or interpretation alleged violation of the provisions of this Agreement. , the following procedure for instituting a grievance may be invoked by an individual employee, by a number of employees jointly claiming the same grievance, by the Union or by the Employer.
7.02 If an employee has a complaint, they must first give opportunity to their immediate supervisor to discuss and resolve the complaint before a grievance is filed.
7.03 Grievances shall be processed and disposed of dealt with in the following manner:
Step 1: STEP ONE - The An employee having a grievance or employees affected shall present a written designated member of a group having a grievance to his or her immediate manager shall, within seven thirty (730) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt the date on which the cause of the grievance occurred or ought reasonably to meet have been known to the grievor(s), take up the grievance, which will be in writing, with the grievant and immediate supervisor outside the unit representative or scope of the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer bargaining unit. The supervisor will render their decision in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may writing within five (5) days after of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance grievance.
Step 2: The Union shall designate a committee of not more than two (2) employees and the Union representative to meet take up with the grievant Publisher and/or their representative, any grievance not resolved in Step 1.
7.04 All Step 2 written grievances shall contain only one grievance, identify the clause(s) allegedly violated, the persons involved, the date on which the alleged grievance occurred and his the relief sought.
7.05 No grievance may be processed to arbitration unless the requirements of 7.02, 7.03, and 7.04 have been completed.
7.06 Any difference arising directly between the Employer and the Union as to the interpretation, application, administration or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10alleged violation of this Agreement may be submitted in writing by either party within thirty (30) days to give his or her answer. If no satisfactory settlement is reached, following the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at date on which the grievance hearingoccurred or ought reasonably to have been known to the grievor. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who parties shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, as described in Step 2 within ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If following receipt of the grievance is still and a decision given in writing to the aggrieved party not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.more than ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance Complaints and grievances shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of dealt with in the following manner: STEP ONE - manner and all grievances must be in writing and recorded within five (5) working days of the discovery of the alleged grievance:
Step 1 The employee or employees affected the ▇▇▇▇▇▇▇ shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, first raise the complaint verbally with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall the Immediate Supervisor; and they will have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingreply. If no satisfactory Failing settlement is reached the grievant or CCNA/PASNAP may within five (5) days after following the manager's answer appeal to Step Two. A grievant verbal decision, the grievor accompanied by the ▇▇▇▇▇▇▇ may take the matter up in a non-nursing department shall have written form with the right to request a member Manager of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant Property/designate and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall they will have five (5) days after receipt of to reply.
Step 2 Within five (5) working days following the grievance to meet decision in Step 1, the employee accompanied by the Grievance Committee may take the matter up with the grievant Superintendent of Business and his or her unit representative or the CCNAFinance/PASNAP and once the meeting has occurred, ten(10) days to give his or her answerdesignate. If no satisfactory Failing settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days, then; Within fourteen (14) working days after following the Department Head's answer appeal decision in Step 2, the matter Union Grievance Committee may request that a meeting be convened with the Director of Education/designate. The Director of Education/Designate shall meet to Step Threehear the Union’s grievance within ten (10) working days of receipt of the Union’s request for the meeting. A grievant in a non-nursing department shall have An Officer of the right to request a member of Nursing Management to Union may be present at the grievance hearingBoard’s Grievance Committee meeting. STEP THREE - The grievant and the unit representative or CCNADirector of Education/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days designate after receipt of the grievance to meet consultation with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator Board shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered render its decisions within thirty (30) working days. Failing settlement at Step 3, the Union may within seven (7) additional working days after following the hearing of Board’s response refer the dispute, unless extended matter to Arbitration by mutual agreementgiving written notice within seven (7) additional working days as hereinafter provided. Replies to grievances shall be in writing at all stages. The findings Board shall supply the necessary facilities for Grievance Meetings. It is understood that the Union representative will be paid for their regular shift but will not be paid overtime while meeting to resolve grievances. At Step 2, the Union Vice-President/or designate living closest to the grievor, and the grievor will meet with the Regional Superintendent or their designate. At Step 3, the Union President, Vice-President, ▇▇▇▇▇▇▇ and grievor will meet with Board’s Grievance Committee. Note: Employees attending grievance meetings that are in excess of the Arbitrator shall four (4) hours, including travel time to and from meetings, will not be final and binding upon the parties.
4required to work their regular shift that day. The Arbitrator shall have jurisdiction only over disputes arising out of grievances employee will be paid for their regular shift but will not be paid overtime. It is understood that the grievance meeting in Step 3 will be held in the predecessor board office location closest to the grievor. If the Board decides to move the meeting to another location, the Board will pay the mileage for the grievor and Union Vice-President in one car. In certain circumstances the meetings may be held virtually. The Board will provide the appropriate access to technology. The Board will pay mileage for the Union President/designate to attend meetings as defined outlined in Section 1 of the ArticleSteps 1, 2 and he or she shall have no power to add to, subtract from, or modify 3 in any way any of the terms of this Agreementaccordance with board practice.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
Step 1: An employee having a complaint relating to the working conditions under which he is then working shall advise his ▇▇▇▇▇▇▇ or supervisor and may request the presence of his commit- teeman while doing so. A grievance Such ▇▇▇▇▇▇▇ or supervisor shall arrange for the attendance of the committeeman as soon as possible, and in no instance to exceed fifteen (15) minutes, and such committeeman shall be defined as any allowed to talk to the employees involved at the employee's work station to ascertain the complaint. If the complaint is not settled to the satisfac- tion of the employee involved, disputethe employee shall submit a grievance to the Senior Area Manager in writing on forms supplied by the company, controversy either directly or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreementthrough his com- mitteeman. Grievances It shall be processed and disposed optional to the Company to decline to consider any grievance the alleged circumstances of in the following manner: STEP ONE - The employee which originated or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have occurred more than five (5) working days after receipt prior to its presentation. The Senior Area Manager or the Human Resources Manager shall deal with the grievance and deliver an answer in writing to the committeeman not later than the fifth working day next following the day upon which he received the grievance. If the grievance is not settled under Step the committeeman will within three (3) working days of the grievance to meet with the grievant and the unit representative decision under Step or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days of the day the decision under Step should have been given, submit an appeal to the Company. Thereupon the par- ties shall meet to discuss the grievance within one week after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativehas been filed. The Department Head or his or her authorized representative Union shall have five (5) days after receipt be represented by the Plant Chairman, the committeeman involved in the filing of the grievance and the if he sires to meet with be present. The Company shall give its written decision on the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may grievance within five (5) working days after following the Department Head's answer appeal the matter to Step Threemeeting. A grievant National Representative or Representative of Local of the Union may be pres- ent and participate in any meetings of the Plant Committee and the Company. At no time may an employee or group of employees file a non-nursing department shall grievance on behalf of anoth- er employee. A "group grievance" is defined as a single grievance, signed by a committeeman on behalf of a group of employees who have the right to request a member of Nursing Management to same complaint. Such grievances must be present dealt with at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt successive stages of the grievance pro- cedure commencing at Step The shall be listed on the grievance form. A "policy grievance" is defined as one which involves a question relating to meet with the grievant interpreta- tion, application or administration of this agreement between the Company and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answerUnion. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the A policy grievance is still not satisfactorily settled, the matter may be appealed submitted by either party to an impartial Arbitrator. The Arbitrator arbitration under Article bypass- ing Steps Such policy grievance shall be selected signed by a committeeman in accordance with the prevailing rules case of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally Union or by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing a representative of the dispute, unless extended by mutual agreement. The findings Company in the case of the Arbitrator shall be final and binding upon the partiesCompany.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. A. An employee having a specified grievance alleging violation of this Agreement shall within fifteen (15) calendar days of the occurrence take the matter up with their immediate supervisor in an effort to resolve the matter. The Association shall advise the Supervisor that discussions represent a Step 1 hearing or the matter shall not be subject to further advancement through the Grievance Procedure.
1. A. A grievance shall be defined considered resolved at Step 1 unless reduced to writing, signed by the aggrieved employee and submitted to the Assistant Juvenile Services Director or designee within ten (10) calendar days of taking the matter up with the immediate supervisor. The written grievance shall specify the provision of the Agreement violated and the remedy requested to resolve the grievance.
B. The Assistant Juvenile Service Director shall within fifteen (15) work days, schedule a hearing at which time the Grievant and the Association's employee representative and, if determined by the Association, a non-employee Association representative shall be present to present allegations, proofs and remedies. The Assistant Juvenile Service Director or designees shall act as hearing officer and shall be entitled to structure the hearing and include any complaintwitnesses, disputeexperts or knowledgeable persons to the proceedings. The Assistant Juvenile Service Director of designees shall issue a written response within ten (10) working days of the conclusion of the hearing.
C. In the event the Grievant is assigned to the Probate-Adult division, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances grievance shall be processed and disposed from Step 1 to Step 3 to the exclusion of in Step 2.
8.3: Step 3
A. A grievance shall be considered settled at Step 2 unless submitted to the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager Probate Court Administrator within seven (7) work calendar days of its occurrence, with the Step 2 response.
B. The Probate Court Administrator shall review the Step 2 grievance response and the Association grievance and may call for a unit representative meeting of CCNA/PASNAP, in an attempt to affect a satisfactory settlementall the parties involved. The manager meeting shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present scheduled at the grievance hearing. STEP TWO - The grievant and earliest date agreeable among the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativeparties. The Department Head or his or her authorized representative Probate Court Administrator shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after of receipt of the Human Resource Manager's answer appeal grievance or meeting, which ever applies, issue a written response to the matter to Step Fourgrievance. STEP FOUR - If The decision of the Probate Court Administrator shall be final and binding.
8.4: In the event the grievance is still not satisfactorily settled, a dispute about salary and/or any fringe benefit the matter Human Resources Director of the County shall hear the grievance at Step 2 rather than the Assistant Juvenile Services Director. The decision of the Human Resources Director may be appealed submitted to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of arbitration through the American Arbitration Association applicable for final and binding resolution provided the Court and the County is advised of the Associations intent to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered arbitrate, within thirty (30) working calendar days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the partiesStep 3 decision.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. 10.01 A grievance shall be is defined as any complaint, dispute, controversy a difference arising between an employee and the Company with respect to the interpretation or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation application of this Agreement. Grievances In the event of a difference arising, the grievance shall be processed and disposed of presented as soon as possible, but in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have no event later than five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of occurrence causing the dispute, unless extended by mutual agreementgrievance. The findings of the Arbitrator Any grievance not so presented shall be final deemed to be abandoned and binding upon the partiesshall not be entitled to consideration thereafter.
4. The Arbitrator shall have jurisdiction only over disputes 10.02 If an employee considers that he/she has any grievance against the Company arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement, an ▇▇▇▇▇▇▇ effort to resolve the grievance shall be made as quickly as possible between himself/herself and the Shift Manager.
10.03 If the grievance remains unresolved, it shall be dealt with in the following manner: Step 1: The grievance must be presented by the employee in writing to the Shift Manager within five (5) working days after the occurrence causing the grievance. The Shop ▇▇▇▇▇▇▇ may be present at this meeting if the employee so desires. If the grievance remains unresolved following Step 1, then it shall be referred within three (3) working days of the receipt of the Shift Manager’s written decision to the Plant Manager and Human Resources Manager , who will discuss the matter with the parties concerned, including the Shop Committee and shall render a decision in writing within six (6) working days. If the decision of the Plant Manager and Human Resources Manager does not dispose of the grievance, it shall then be referred within five (5) working days of the Plant Manager or Human Resources Manager ’s written decision to the General Manager. A meeting will be scheduled with the Union Business Agent, Management and the Shop Committee within ten (10) working days following receipt of the grievance by the General Manager. If the grievance is not settled within ten (10) working days, as a result of the meeting referred to above, then any grievance dealing with a violation, misinterpretation, or non-application of the Agreement may be referred to Arbitration at the request of either party.
10.04 Failure of the Company or of the Union to reply within the time limitations prescribed above shall mean that the grievance is allowed or abandoned, as the case may be.
10.05 The time limitations specified herein, may be extended in writing by mutual consent of the parties involved.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as consist of any complaint, disputedisagreement or difference of opinion between the Company and the Union, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP the Company and CROZER an employee covered by this Agreement which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement where the employee has not utilized the Fairness Committee as set out in Article above. Either the Company or the Union may arise file a policy grievance concerning the interpretation, application, meaning operation or interpretation alleged violation of this Agreement. Grievances shall be processed and disposed of in Agreement on a matter arising directly between the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant Union and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may Company within five (5) working days after of such party having knowledge or should have reasonably become aware of such incident giving rise to the manager's answer appeal to Step Twogrievance. A grievant in a non-nursing department Such grievances shall have the right to request a member of Nursing Management to be present commence at the second step of the procedure set out below in this article. The Union shall not file a policy grievance hearingon a matter that is properly a matter which has been made the subject of an individual grievance under Articles or X or a reference to the Fairness Committee under Article The procedure for adjustment of grievances and disputes by an employee shall be as follows: Step One Any individual grievance must first be submitted verbally to the immediate supervisor within two (2) working days of the employee having knowledge of the incident giving rise to the complaint. STEP TWO - The grievant employee’s Union Representative shall be involved. The immediate supervisor will respond verbally within one (1) working day. Failing Settlement, the grievance may, within three (3) working days, be submitted in writing on a form provided by the Company, setting out the nature of the grievance, the section or sections of the Collective Agreement claimed violated, where possible, and the unit representative or CCNA/PASNAP remedies sought. The immediate supervisor shall submit the written grievance reply, in writing, to the grievant’s Department Head or his or her authorized representativeUnion Representative within three (3) working days thereafter. The Department Head or his or her authorized representative shall have five (5) days after receipt Ifthe Union does not receive a satisfactory response, the Union may proceed to the next step of the grievance procedure. Step Two The grievance may be submitted to meet the Human Resources Manager of the Company within a further three (3) working day period from the unsatisfactory response at Step One. Within the next three (3) working days, the Human Resources Manager shall schedule a meeting with the grievant Plant Chairperson, relevant Members and his or her unit representative Department Managers for the purpose of discussing potential settlement. In the event the cannot be settled, the Human Resources Manager will answer the grievance, in writing to the Union, within three (3) working days following the meeting. In the case of an individual grievance, where either the Local Union Chairperson or the CCNA/PASNAP and once Human Resources Manager deem appropriate, the meeting has occurred, ten(10) days grievance shall be referred to give his or her answerthe Fairness Committee commencing at clause (Step 3). If no satisfactory settlement either party is reacheddissatisfied with the decision of the Fairness Committee, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter grievance will proceed to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt Three of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answerprocedure. Step Three If no satisfactory settlement agreement is reachedreached at Step Two, then within three (3) working days of that decision, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitratorthe Corporate Vice President of Human Resources or his The grievance will then be discussed between the National Representative and the Corporate Vice President of Human Resources or his within two (2) weeks. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.Within five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance It is the mutual desire of the Parties hereto that complaints of employees shall be defined adjusted as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreementquickly as possible. Grievances Such complaints shall be processed and disposed of acted upon in the following mannermanner and sequence: STEP ONE - The It is understood that an employee or employees affected has no grievance until they have given their immediate Supervisor an opportunity of adjusting their complaint. Such complaint shall present a written grievance to his or her be discussed with the immediate manager Supervisor within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of the grievance circumstances giving rise to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has complaint have occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP and failing settlement, it may then be taken up as a grievance within five (5) working days after following the managerdiscussion with the immediate Supervisor. In discussing such complaint, the employee may be accompanied by a Union Representative. In the event the employee's answer appeal complaint concerns a job posting, for which they applied, and were not successful in obtaining, the complaint shall be discussed with the who made the hiring decision. If the aggrieved employee is satisfied that they have a grievance, they shall submit their grievance in writing to Step Twothe Chairperson of the Union Grievance Committee. A grievant in a non-nursing department shall have If the right to request a member Grievance Committee of Nursing Management the Union considers the grievance to be present justified, the employee concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Department Manager or Designate within five (5) working days following the Step meeting. The written grievance signed by the aggrieved employee must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. The Department Manager or Designate will deliver their decision in writing to the Grievance Committee Chairperson within three (3) working days following the day on which the grievance hearingis presented. STEP TWO - The grievant and Failing settlement then step may be invoked. Within five (5) working days following the unit representative or CCNA/PASNAP shall decision under Step the Union Grievance Committee Chairperson may submit the written grievance to the grievant’s Department Head Manager of Human Resources or his or her authorized representativeDesignate. A meeting will be held within ten (1 O) working days between the Union Grievance Committee and the Management Grievance Committee, at which time the matter will be reviewed. The Department Head Manager of Human Resources or his or her authorized representative shall have five (5) days after receipt of Designate will deliver their decision in writing to the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Grievance Committee Chairperson within five (5) working days after the Department Head's answer appeal date on which the matter to meeting was held under Step Three. A grievant in a non-nursing department The Corporation or the Union shall have the right to request file a member policy grievance beginning in Step of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant Grievance Procedure as outlined in Clause where: A difference arises between the Corporation and the unit representative or CCNA/PASNAP will submit Union as to the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredinterpretation, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract fromapplication, or modify in any way any of the terms administration of this Agreement.; or
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance 9.01 It is the mutual desire of the parties that grievances of employees shall be defined addressed as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingquickly as possible. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may any employee has a grievance, she will first discuss it with her Supervisor within five (5) days after of the manager's answer appeal events giving rise to Step Twothe concern. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present Failing settlement at the grievance hearing. STEP TWO - The grievant discussion stage, and given that there has been a violation of the unit representative or CCNA/PASNAP collective agreement, the employee shall submit the proceed with a written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement provided it is reached, the grievant or CCNA/PASNAP may presented within five (5) days after following the Department Head's answer appeal the matter to Step ThreeSupervisor’s decision. A grievant in a non-nursing department All grievances shall have be dealt with and disposed of as hereinafter provided. An employee has the right to request be accompanied by a member Union Representative at any stage of Nursing Management this grievance procedure. The Employer will advise the employee of this right. The grievance shall be submitted in writing and be signed by the employee directly involved and/or by the designated Union Representative. The employee shall, together with their Union Representative present their grievance to be present at the Supervisor within five (5) working days of the discussion of the complaint. The Employer shall deal with the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to render a Human Resource Manager who shall have ten decision in writing no later than five (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (305) working days after the hearing grievance has been received. If the grievance is not thus settled, the Union Committee may refer the grievance to the Executive Director or designate within five (5) working days after the completion of Step
1. A meeting then shall be arranged with the Executive Director or designate, grievor and the Union Committee. A decision shall be rendered in writing within five (5) working days of the disputemeeting. If the grievance is not thus settled, unless extended by mutual agreementthe Union Representative and the Head Office Designate will meet within five (5) working days after the completion of Step 2. A decision shall be rendered in writing five (5) working days after the meeting. The findings of time limits set out in this Article are to be construed as mandatory unless the Arbitrator parties mutually agree in writing to waive time limits. If a grievance is not submitted or advanced from one step to another within the time limits set out, the grievance shall be final deemed to be abandoned and binding upon all rights or recourse to the partiesgrievance procedure shall be at an end.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1The Employer and the Association important to ad just complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with the Nursing Supervisor without the matter being resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted. A formal grievance shall be defined as any complaint, dispute, controversy one having to do with the interpretation or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation alleged violation of this Agreement. Grievances All grievances shall be processed in writing and disposed contain a statement of in facts giving rise to the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrencegrievance, with a unit representative of CCNA/PASNAPthe redress sought, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt and indication of the of this Agreement on which the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, is based. A formal grievance must be filed within ten (10) days of the circumstances giving rise to the grievance. The following shall be the procedure in handling and processing nurse grievances submitted by the nurse. The nurse may submit the grievance writing to the Nursing Supervisor who shall give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may decision within five (5) days after of receipt of the manager's answer appeal to grievance. Within five ( 5 ) days following the decision under Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall nurse may submit the written grievance to the grievant’s Department Head or his or District Associate Director who will deliver her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may decision within five (5) days after from the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at date the grievance hearingwas submitted to her. STEP THREE - The grievant and Within five (5) days following the unit representative or CCNA/PASNAP will decision in Step the nurse may submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the Executive Director or her designate. A meeting will be held between the management and the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, committee within ten (10) days to give his or her answerof the referral. If no satisfactory settlement It is reached, agreed that a staff representative of the CCNA/PASNAP Ontario Nurses Association may be present at the meeting and that the employer may have such counsel and assistance as it may desire at the meeting. The management decision will be delivered within thirty five (305) calendar days after of the Human Resource Manager's answer appeal meeting. In the matter to Step Four. STEP FOUR - If the grievance event a nurse other than a probationary nurse is still not satisfactorily settleddischarged and it is considered an injustice has been done, the matter may be appealed to an impartial Arbitratortaken up as a grievance at Step of the Grievance Procedure no later than five (5) days of discharge. The Arbitrator A grievance arising directly between the employer and the Association concerning the interpretation, application, administration or alleged violation of this agreement shall be selected originated in accordance with writing at Step within ten (10) days following the prevailing rules of the American Arbitration Association applicable circumstances giving rise to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.the
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning 8.01 For the application, meaning or interpretation purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether the matter is arbitrable.
8.02 It is the mutual desire of the parties that all complaints and grievances will be adjusted as quickly as possible. Grievances It is understood that any employee may present an oral complaint at any time to their immediate supervisor without resorting to the grievance procedures. Except where otherwise provided, it is understood that an employee has no grievance unless and until the matter is first discussed with the employee's immediate supervisor. Such complaint shall be processed discussed with the immediate supervisor within ten (10) working days from the event giving rise to the complaint or from the date the employee should have reasonably become aware of the event giving rise to the complaint. The immediate supervisor shall provide a decision regarding the complaint within five (5) working days of receiving the complaint from the employee. If upon receipt of the decision the matter is not resolved to the satisfaction of the employee, it may be grieved and disposed of in the following manner: :
STEP ONE - 1 The employee or employees affected shall present submit a written grievance to his or her their immediate manager supervisor. Such grievance shall be submitted within ten (10) working days of the occurrence of the event which gave rise to the grievance and must be signed by the employee claiming to be grieved at which time the matter will be discussed. The grievance shall cite the specific article of this contract which the grievor claims has been violated and shall also specify redress being sought. The employee may be accompanied by a Union ▇▇▇▇▇▇▇ if desired. The immediate supervisor shall submit their response in writing within seven (7) work working days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt filing of the grievance at Step 1. A copy of all correspondence pertaining to meet with a grievance will be sent to the grievant Director, Human Resources or designate and the unit representative Local 608 President or designate.
STEP 2 Failing settlement of the CCNA/PASNAP and once grievance at Step 1 or failure of the meeting has occurredimmediate supervisor to submit a response within the described period, ten (10) days the employee shall present the grievance in writing to give his the Director, Human Resources, or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may designate, within five (5) working days after the manager's answer appeal response is received or should have been received in Step 1. The Director, Human Resources, or designate, shall convene a meeting with the immediate supervisor, the grievor and their representative(s) to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at consider the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days after (or at such other time as is mutually agreed upon by the Department Head's answer appeal parties) of the matter filing of the grievance at Step 2. Should the Director, Human Resources or the Local President determine that additional participants should attend the grievance meeting, they shall inform the parties at least twenty-four (24) hours prior to Step Threethe meeting of the names of the additional participants. A grievant in The grievor shall be represented by the ▇▇▇▇▇▇▇, and the grievor shall be present. It is understood that a non-nursing department shall have staff representative of the right to request a member of Nursing Management to be present Union may also attend at the grievance hearingrequest of either party. STEP THREE - The grievant and the unit representative Director, Human Resources, or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who designate, shall have ten (10) work working days after receipt from the date of such meeting to render a decision.
8.03 It is expressly understood that an employee who has a complaint or a grievance shall follow the procedures as outlined in this Article, and pending the investigation and determination of the validity of such claim, shall continue to perform the duties assigned to them by their immediate supervisor (unless the employee has been suspended or discharged), providing such duties do not jeopardize the life, health or safety of the employee.
(a) The Union may file a "Policy Grievance" at Step 2 of the grievance procedure. A "Policy Grievance" may not be used to meet with bypass the grievant regular grievance procedure. A policy grievance is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which, because of the unit representative nature or scope of the CCNA/PASNAP and once the meeting has occurredsubject matter, could not otherwise be instituted as an individual employee grievance commencing at Step 1. Such policy grievance shall be filed in writing within ten (10) working days of the initial incident giving rise to give his the complaint. The grievance must be signed by the Local President.
(b) The University shall have the right to lodge a grievance with the Union concerning the meaning, application or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to interpretation of any provision of this Agreement commencing at Step Four. STEP FOUR - If 2 of the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitratorprocedure. The Arbitrator grievance shall be selected filed in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered writing within thirty ten (3010) working days after the hearing of the dispute, unless extended by mutual agreementinitial incident giving rise to the complaint. The findings A meeting shall be held between representatives of the Arbitrator shall be final University and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.Union within seven
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 9.01 The Local Union Grievance Committee shall consist of any two of the following: the Local Union President and Vice President and the Chief ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ of the division in which the grievance arises.
9.02 Any two members of the Grievance Committee shall be permitted to investigate and process grievances in accordance with the grievance procedure outlined in Section 9.04 during working hours without loss of earnings.
(A) All grievances under this article shall be barred if not initiated pursuant to Step 1 within thirty (30) days of occurrence.
(B) Failure to comply with the time limits set forth in this article shall bar the further processing of the grievance, and said grievance shall be deemed withdrawn with prejudice.
9.04 Differences arising out of the interpretation or application of this Agreement shall be handled as follows:
STEP 1. A grievance meeting between the Divisional ▇▇▇▇▇▇▇, the aggrieved employee and the head of the division involved shall be defined as any complaint, dispute, controversy or disagreement involving held. If a satisfactory settlement is not reached within one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning working day of said meeting, the application, meaning or interpretation of this Agreement. Grievances dispute shall be processed reduced to writing and disposed filed with the department head within three (3) additional working days.
STEP 2. A meeting shall be held between the Grievance Committee, the aggrieved employee, the Department Head and the Director of in Personnel. If the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager matter is not settled within seven three (73) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of said meeting, the grievance to meet with shall be taken up under Step 3.
STEP 3. A meeting shall be held between the grievant Grievance Committee, a Union staff representative, the aggrieved employee and the unit representative City Manager and such City staff representatives as he deems necessary. In all matters except those matters involving promotion, demotion, transfer, suspension or discharge if the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may matters are not settled within five (5) working days after of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at 3 meeting, the grievance hearingshall be taken up under Step 4. STEP TWO - The grievant Matters concerned with demotion, transfer, suspension, and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may discharge not settled within five (5) working days after of the Department HeadStep 3 meeting may be appealed by the aggrieved employee to the Personnel Hearing Board in accordance with Step 4 which follows. (It being specifically understood that all matters involving demotion, transfer, suspension or discharge have to be heard and decided by the Personnel Hearing Board prior to proceeding to arbitration in accordance with Step 4). However, if the Personnel Hearing Board fails to convene a hearing within sixty (60) days of the date of the appeal from the City Manager's answer appeal decision, then the Union will be free to consider the matter not satisfactorily settled under Steps 1, 2 or 3 and may submit the matter to arbitration under Step Three4. Cancellation, postponement or unavailability by the employee or the Union will automatically extend the time within which the Personnel Hearing Board must convene a hearing.
STEP 4. A grievant in a non-nursing department grievance not satisfactorily settled under Steps 1, 2 or 3 shall have the right be submitted to request a member of Nursing Management to arbitration. The arbitrator shall be present chosen by mutual agreement. However, if at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten end of five (105) work working days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If there is no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledmutual agreement, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of referred to the American Arbitration Association applicable to labor arbitrations.
2for selection of an arbitrator in accordance with its Voluntary Labor Arbitration Rules. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she arbitrator shall have no power to add to, subtract from, from or modify in any way any of change the terms of this Agreement.
9.05 It is hereby specifically agreed by and between the Union and the City that any and all settlements of grievances shall be final and binding upon all the parties herein concerned.
9.06 The Local President, Chief ▇▇▇▇▇▇▇ and/or Staff Representative of the Union shall be permitted to visit the divisions or operations of the City during working hours with approval of the City.
9.07 It is hereby specifically agreed that the decision of the arbitrator shall be final and binding upon the parties and all rights of appeal by either party to any court, tribunal, etc. are hereby expressly waived.
10.01 (A) HOLIDAYS
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance It is the mutual desire of the Parties hereto that complaints of employees shall be defined adjusted as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreementquickly as possible. Grievances Such complaints shall be processed and disposed of acted upon in the following manner: STEP ONE - The manner and sequence. It is understood that an employee or employees affected has no grievance until they have first given their immediate Supervisor an opportunity of adjusting their complaint. Such complaint shall present a written grievance to his or her be discussed with the immediate manager Supervisor within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of the grievance circumstances giving rise to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has complaint have occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP and failing settlement, it may then be taken up as a grievance within five (5) working days after following the manager's answer appeal discussion with the immediate Supervisor. In discussing such complaints, the employee may be accompanied by a Local Union Representative. The aggrieved shall submit their grievance in writing to Step Two. A grievant in a non-nursing department shall have the right to request a member Chairperson of Nursing Management the Union Committee If the Grievance Committee of the Union considers the grievance to be present justified, the concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Division Manager and/or his or her immediate departmental within five (5) working days as spelled out in Step The written grievance signed by the aggrieved must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. The Division Manager and/or his or her immediate departmental will deliver their decision in writing within five (5) working days following the day on which the grievance hearingis presented to them. STEP TWO - The grievant Division Manager his or her immediate departmental will also distribute copies of the original grievance and their answer, to the unit representative or CCNA/PASNAP shall immediate Supervisor concerned. Failing settlement then Step may be invoked. Step Within five (5) working days following the decision under Step the Grievance Committee may submit the written grievance to the grievant’s Department Head Manager of Human Resources or his or her authorized representativeDesignate. A meeting will be held within ten (10) working days at which time the matter will be reviewed. The Department Head Manager of Human Resources or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Designate will deliver their decision in writing within five (5) working days after from the Department Head's answer appeal date on which the matter meeting was held under Step A complaint or grievance arising directly between the Corporation and the Union concerning the interpretation, application or alleged violation of this Agreement, shall be originated under Step Failing settlement under Step it may be submitted to Step Three. A grievant Arbitration in accordance with Article This provision may not be used to process a non-nursing department shall have grievance directly affecting one (1) employee or a group of less than four (4) employees unless the right to request time within which such employee or employees could lodge or *New **Change continue a member of Nursing Management to be present grievance has not expired at the time the policy grievance hearingis lodged. STEP THREE - The grievant and Any grievance by the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative Corporation or the CCNA/PASNAP and once the meeting has occurredUnion as provided in this paragraph, ten shall be commenced within thirty-five (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (3035) calendar days after of the Human Resource Manager's answer appeal date of occurrence. Either Party may request the presence of the at any step of the Grievance Procedure. Failing settlement under the foregoing procedure of any grievance between the Parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter to Step Four. STEP FOUR - If the is arbitrable, such grievance is still not satisfactorily settled, the matter may be appealed submitted to an impartial Arbitrator. The Arbitrator shall be selected Arbitration, as set forth in accordance with the prevailing rules of the American Article If no written request for Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered is received within thirty twenty (3020) working days after the hearing decision under Step is given, it shall be deemed to have been settled and not eligible for Arbitration. * Replies to grievances shall be in writing at all stages addressed to the Grievance Chair with a copy to the Union President and a copy to the Recording Secretary of the disputeUnion. Copies of replies to Step grievances will be sent to the National Representative, unless extended by mutual agreement. The findings Victoria Street Suite *New **Change All agreements reached under the Grievance Procedure between the representatives of the Arbitrator shall Corporation and the representatives of the Union will be final and binding upon the parties.
4Corporation and the Union and the No adjustment affected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation. Where no answer is given within the time limits specified in the Grievance Procedure, the employee( concerned, the Union and the Corporation shall be entitled to submit the grievance to the next step of the Grievance Procedure. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined Corporation will supply the necessary facilities for the Grievance Meeting. The time limits fixed in Section 1 the Grievance Procedure may be extended by mutual consent of the ArticleParties to the Agreement. The Parties agree that in the event a grievance is not settled at Step of this Grievance Procedure, and he or she shall have no power before taking the matter to add toArbitration, subtract from, or modify in any way any the Parties may *New **Change mutually agree to refer the matter to a Grievance Mediator. The Parties will share the cost of the terms of this AgreementGrievance Mediator on an equal basis.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances gnevance shall be processed and disposed of in the following manner: STEP ONE - The :
Step 1. An employee or employees affected shall present covered by this agreement must file a written grievance to his or her immediate manager complaint within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days of the incident which gave rise to the complaint or from the employee's first knowledge of the complaint. after first having discussed the matter with a Supervisor or Manager. If requested by the employee. the employee may be represented by his ▇▇▇▇▇▇▇. The Supervisor or Manager shall give his written response to the employee involved within five (5) working days of the time following the date of the verbal step discussion.
Step 2. If the grievance is not settled in Step 1. the complaint shall be reduced to writlng and signed by the employee and the Union ▇▇▇▇▇▇▇. The written grievance shall be submitted to the Council's appropriate department committee (i.e .. DPW Committee for DPW grievances. Police Committee for police grievances) within five (5) working days of the Supervisor's or Manager's answer to the Step 1 procedure. The appropriate Council committee. or its designee other than the Supervisor or Manager who provided the answer in Step 1. shall discuss the grievance within five (5) business days with the employee or his ▇▇▇▇▇▇▇ at a time mutually agreeable to the parties. If no settlement is reached. the committee. or its designee. shall give its written answer to the employee involved within five (5) working days after the meeting reg uired by Step 2.
Step 3. If the grievance is not settled satisfactorily in Step 2 of the grievance procedure. the Union may submit the grievance to the Council's Employee Relations Committee within five (5) working days of the decision rendered in Step 2 above. The Employee Relations Committee shall discuss the grievance within five (5) business days with the employee or his ▇▇▇▇▇▇▇ at a time mutually agreeable to the parties. Either party may have non-employee representatives present. If no settlement is reached. the Employee Relations Comnunee shall give its written ans\ver to the employee within five (5) working days after the meeting required by this step.
Step 4. If the grievance is not settled satisfactorily in Step 3 of the grievance procedure. the Cnion may submit the grievance to the Village Council within five (5) working days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingwritten disposition from Step 3. If no satisfactory settlement the Counciis reguiariy scheduled meeting is reached the grievant or CCNA/PASNAP may within five more than three (53) days after the manager's answer appeal submission of the grievance. the Council shall take the appropriate steps to Step TwoVillage of Caseville.- ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇. A grievant in a USWA 1998 - 2001 Agreement include the grievance on the agenda of its next regularly scheduled meeting. Before the regularly scheduled meeting. the designated representative of the Council and the chairman of the bargaining unit shall meet to discuss the settiement of the grievance. Either party may have non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearingemployee representatIves present. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledresolved the Council shall. at its next regularly scheduled meeting, place its disposition on the matter may be appealed to an impartial Arbitratoragenda. The Arbitrator disposition of the Village Council of the grievance shall be selected in accordance with returned to the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered employee involved within thirty ten (3010) working days after the hearing regularly scheduled meeting of the dispute, unless extended by mutual agreementCouncil at which the grievance was discussed. The findings Union requests! on behalf of all bargaining urut members. that grievances be discussed by the Arbitrator shall be final and binding upon Council in closed session as permitted under the partiesexceptions to the Open Meetings Act for the State of Michigan.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1Section 14.1. A grievance shall be is defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees an employee claim against the Employer arising out of the interpretation and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation application of specific provisions of this Agreement.
Section 14.2. Grievances The steps toward settlement of a grievance shall be processed and disposed of in as follows:
Step 1. An employee shall discuss any alleged violation orally with the following manner: STEP ONE - The employee employee's Corrections Captain or employees affected shall present a written grievance to his or his/her immediate manager designee within seven (7) work calendar days following its occurrence in an effort to resolve the problem in an informal manner. Any Agreement reached at this oral first step of its occurrencethe procedure will not be precedent setting.
Step 2. If the oral discussion of the complaint or problem fails to resolve the matter, the aggrieved employee, with a unit representative or without the assistance of CCNA/PASNAPthe Employee Organization, shall present the grievance in an attempt writing to affect a satisfactory settlementthe Jail Administrator, citing specific provisions of the Agreement allegedly violated within seven (7) calendar days following the oral discussion. The manager If the aggrieved employee is under the Jail Administrator's jurisdiction, the written grievance shall have five (5) days after be submitted to the Jail Administrator. On or before the fifth working day following receipt of the written grievance, the appropriate officials will answer the grievance to meet with in writing.
Step 3. If the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached Step 2 fails to resolve the grievant or CCNA/PASNAP may within five (5) days after grievance, the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP aggrieved employee shall submit the written grievance to the grievant’s Department Head Sheriff or the individual acting on his or her authorized representative. The Department Head or his or her authorized representative shall have five behalf within seven (57) calendar days after following receipt of the Step 2 answer for his consideration. On or before the fifth working day following receipt of the grievance, the Sheriff, or the individual acting on his behalf, shall answer the grievance in writing.
Step 4. If the Sheriff's or his designee's answer in Step 3 fails to resolve the grievance, upon recommendation of the aggrieved employee, the Employee Organization shall refer the grievance to meet the County’s Human Resources Director within seven (7) calendar days of the receipt of the Step 3 answer. Within fifteen (15) working days following the HR Director's receipt of the written grievance, both a meeting shall have been held between the HR Director and a representative of the Employee Organization, and the HR Director shall have answered the grievance in writing with copies to the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answerEmployee Organization. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant HR Director and the unit representative or CCNA/PASNAP will submit Employee Organization shall cooperate in the written grievance scheduling of their meeting so that the same may precede the deadline for the HR Director to issue a Human Resource Manager who shall have final answer by a minimum of ten (10) work days after receipt working days. However the parties may mutually agree to request the services of a grievance mediator to assist in the resolution of the grievance prior to meet with the grievant Employer’s answer at any step or the scheduling of an arbitrator following the Step 4 answer. If the grievance mediation is not successful and the unit representative or Employer has not answered the CCNA/PASNAP and once grievance at the meeting has occurred, applicable step the Employer’s answer will be provided within ten (10) calendar days to give his or her answerof the mediation.
Section 14.3. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the a grievance is still not satisfactorily settledpresented within any of the time limits specified in the steps set forth above and Article 20, it shall be considered waived and the matter Employer's last answer shall be final and binding. Time limits may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 The parties to this Agreement are agreed that it is of the utmost importance to adjust grievances as quickly as possible. A No grievance shall be defined as any complaint, dispute, controversy considered where the circumstances giving rise to it occurred or disagreement involving one originated more than ten (110) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning days before the application, meaning or interpretation filing of this Agreement. the grievance.
5:02 Grievances properly arising under the Agreement shall be processed adjusted and disposed settled as follows: Step No. 1 The aggrieved employee shall present his/her grievance in writing to his/her immediate supervisor within ten (10) working days after such grievance has arisen. The aggrieved employee may be accompanied by his/her committeeperson or Chairperson at the request of the aggrieved employee. The immediate supervisor shall give an answer in writing within five (5) working days after the presentation of such grievance. Should no settlement satisfactory to the aggrieved employee be reached within five (5) working days of the presentation aforesaid, the next step in the following manner: STEP ONE - grievance procedure may be taken within five (5) working days thereafter. Step No. 2 The grievance shall be presented in writing by the aggrieved employee or employees affected their committeeperson to the Department Head. The aggrieved employee may be accompanied by a Chairperson at the request of the aggrieved employee. The Department Head shall present render a written decision in writing within five (5) working days after the presentation aforesaid, the next step in the grievance procedure may be taken within five (5) working days thereafter. Step No. 3 The grievance shall be presented in writing by the aggrieved employee or their committeeperson to his the Director of Human Resources or her immediate manager designate. The Director of Human Resources or designate and not more than three (3) representatives of the Hospital shall within seven (7) work working days from such presentation meet with the aggrieved employee, the departmental committeeperson or the Chairperson and the Local Officer of its occurrence, with a unit the Union. A representative of CCNA/PASNAPthe National Union may also attend, in an attempt if requested to affect a satisfactory settlementdo so by either the aggrieved employee, the Union or the Employer. The manager Director of Human Resources or designate shall have render his/her decision in writing within five (5) working days after receipt from such meeting and a copy thereof shall be mailed or delivered forthwith to the aggrieved employee and to the Union Office. Failing settlement under the foregoing procedure of any difference between the grievance parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to meet with whether the grievant matter is arbitrable, such difference or question may be submitted to arbitration as hereinafter provided and the unit representative or the CCNA/PASNAP and once the meeting has occurred, if no written request for arbitration is made within ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal decision is given in Step 3, it shall be deemed to Step Two. A grievant have been settled.
5:03 In the case of a grievance alleging improper discharge of any employee employed within the bargaining unit described in a non-nursing department shall have Article 1:01 of this Agreement, the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP discharged employee shall submit the written his grievance in writing to the grievant’s Department Head Director of Human Resources or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may designate within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work working days after receipt the date of his discharge. The Director of Human Resources or designate shall convene a meeting with the aggrieved employee, the departmental committeeperson, the Chairperson and the Local Officer of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, Union within ten (10) days after the date on which the Director of Human Resources or designate received the written grievance. The purpose of this meeting shall be to give discuss and consider the grievance. The Director of Human Resources or designate shall deliver his or her answer. If no satisfactory settlement is reached, decision in writing to the CCNA/PASNAP may Chairperson within thirty three (303) calendar days after the Human Resource Manager's answer appeal date of the matter meeting and a copy shall be mailed to Step Fourthe Union Office. STEP FOUR - If the grievance written decision of the Director of Human Resources or designate is still not satisfactorily settledsatisfactory to the Union, the matter grievance may be appealed taken to an impartial Arbitrator. The Arbitrator shall be selected arbitration in accordance with the prevailing rules provisions of this Article and Article 6 of this Collective Agreement.
5:04 Any time limits referred to in the grievance and arbitration procedures within whic h any procedure is required to be taken, or notice to be given, shall be calculated exclusive of Saturdays, Sundays and the religious and statutory holidays hereinafter recognized, and, for the aggrieved employee, his or her scheduled days off.
5:05 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or violation of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration Agreement, which may be considered policy matters shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered originated in writing at Step 3 within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.fourteen
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. The following procedures are established for settlement of complaints and grievances.
1. A grievance shall be defined as any complaint, dispute, controversy or disagreement involving one (a) STEP I (Immediate Supervisor Level)
(1) The employee, or more employees and CROZER his/her representative, or between CCNAboth, shall notify his/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager supervisor of a complaint within seven fifteen (715) work days workdays of its occurrence, with a unit representative the date upon which the employee could have reasonably been aware of CCNA/PASNAP, in an attempt the occurrence of the matter which gave rise to affect a satisfactory settlementthe complaint. The manager notice shall have five (5) days after receipt clearly identify the matter as a Step I grievance complaint. This is not a required first step of the grievance procedure.
(2) An employee may opt to bypass the Step I procedure and file his/her complaint directly to the Step II (departmental) level. If bypassing Step I, an employee must file a written grievance, in accordance with section 2(c), above, to the head of the employee's department, within fifteen (15) workdays of the date upon which the employee could have reasonably been aware of the occurrence of the matter which gave rise to the complaint.
(3) A supervisor may elect not to meet with the grievant and the unit employee and/or his/her representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department Step I meeting, and if such election is made, the supervisor shall have advise the right to request a member employee within two (2) workdays of Nursing Management to be present at receiving notice of the grievance hearing. STEP TWO - The grievant and the unit representative complaint or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativegrievance. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP employee will submit the written grievance to a Human Resource Manager who shall then have ten (10) work days workdays to file his/her complaint or grievance, in writing, to Step II - Department Head.
(4) If a Step I is initiated, the complaint shall be discussed informally by the aggrieved employee, or his/her representative, or both, and the immediate supervisor. If the issue remains unresolved, an employee must comply with the following time frames for filing to the Step II level:
(a) within ten (10) workdays after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten Step I decision; or
(10b) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after workdays from when the Human Resource Manager's answer appeal employee first gave notice to the matter supervisor of his/her complaint as outlined in Section 3(a)(1) above, whichever occurs first.
(5) Resolutions to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator I complaints shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final non-precedent setting and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify inadmissible in any way any of the terms of this Agreementlegal or administrative proceeding, except to enforce said resolutions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as 23.01 Should any complaint, dispute, controversy or disagreement involving one (1) or more employees difference arise between the Company and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days any of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance employees as to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt meaning and application of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement, attachments and supplements, and only this Agreement, attachments and supplements, the following Grievance Procedure shall be compiled with:
23.01 (A) An employee who believes that he has a justifiable grievance may discuss the grievance with his ▇▇▇▇▇▇▇ or he may request to discuss the issue with his Committeeman. If an employee requests to first discuss the issue with his Committeeman, his ▇▇▇▇▇▇▇ shall make arrangements as soon as possible, but not later than four (4) hours after said request. If four (4) hours do not remain prior to the end of the employee’s shift, the request shall be honored prior to the end of the employee’s shift. An issue pertaining to arrangements will be immediately made as requested.
23.01 (A)
1) An issue brought to the attention of a committeeman shall be orally taken up with the ▇▇▇▇▇▇▇ of the department for adjustment, with the aggrieved employee present.
23.01 (B) If the grievance is not settled satisfactorily between the ▇▇▇▇▇▇▇ and the department Committeeman, it shall be jointly reduced to writing in triplicate by said parties. In reducing it to writing on the complaint form, the aggrieved shall state how, when, where facts of the grievance and the ▇▇▇▇▇▇▇ and Committeeman shall sign and date the form. Two (2) copies shall be forwarded by the ▇▇▇▇▇▇▇ to the Superintendent (or his designated representative). Within three (3) working days of the date of the complaint form, the Superintendent (or his designated representative) shall meet with the Committeeman and shall give an answer to the grievance in writing.
23.01 (C) If the Superintendent’s answer at Step (B) above is not accepted by the Committeeman, the Chairman of the Shop Committee will submit to the Company a written grievance prepared by the committeeman which shall specify in the grievance the terms of the Agreement, attachment and supplement, within five (5) working days of receipt of the Superintendent’s reply. The matter will then be placed on the agenda for the next monthly meeting scheduled pursuant to Section 4.03, except that at time it advises the Company that the reply was not acceptable, the Union may also request a special meeting for the handling of the particular grievance, subject to the parties’ practice of considering grievances in the order received. In such a case the meeting will be scheduled within five (5) working days from the date of such request with agenda as provided in Section 4.03. The aggrieved employee shall be present in said meeting if requested by either party and shall be compensated for time lost at his regular straight-time hourly rate. Within five (5) working days after such meeting, the Company will provide written answers to grievances considered.
23.01 (D) If no agreement is reached at this formal third-step meeting, the subject of the grievance shall be considered to have exhausted the above outlined Grievance procedure and arbitration shall be the next step provided grievance is one which is subject to arbitration under the terms of this Agreement.
23.02 Grievances alleging improper layoff of an employee, improper failure to recall, job evaluation, or rejection of posted job application shall be taken up directly with the manager of Human Resources or his designated representative. If the alleged grievance is not settled, the Union shall be permitted to institute a formal grievance as the third step of the grievance procedure.
23.03 The time limits imposed on the Company for answering grievances and the time limits imposed on the Union for carrying a grievance to the next step may be extended by mutual agreement between the parties in writing.
23.04 Any grievance not carried to the next step within five (5) working days will be considered settled on the basis of the last disposition.
23.05 The Union has the right to drop any grievance prior to arbitration without establishing a precedent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A 18.01 If any grievance shall be defined or difference arises between the Company and the Union during the term of the agreement, or any employee or employees covered by this Agreement, as to any complaintalleged unjust discharge, disputeor any alleged unjust treatment, controversy including alleged unjust treatment in connection with matters adversely affecting the protection during the working hours of the health and safety of employees, or disagreement involving one (1) the application or more employees and CROZER interpretation, or between CCNA/PASNAP and CROZER which may arise concerning alleged violation of the application, meaning or interpretation provisions of this Agreement. Grievances , such grievance or difference shall be processed and disposed of in accordance with the following manner: STEP ONE - The procedure; provided, that any individual employee or group of employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right at any time to request a member present grievances to the Company and to have such grievances adjusted, without the intervention of Nursing Management the Union, as long as the adjustment is not inconsistent with the terms of this Agreement or Agreement then in effect; provided further, that the Union has been given opportunity to be present at such adjustment:
Step 1 The grievance/difference shall first be presented by the grievance hearingUnion to R an immediate supervisor. STEP TWO - The grievant and Union shall notify the unit representative or CCNA/PASNAP shall submit the written grievance supervisor prior to the grievant’s Department Head or his or her authorized representativeexpiration of time limits set forth in 18.04. The Department Head or his or her authorized representative grievance shall have five (5) days after receipt of be identified, setting forth the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - facts giving rise The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who Company shall have ten (10) work calendar days after receipt from the date of R the initial Step 1 Meeting to provide an answer. If the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, difference is not resolved satisfactorily within this ten (10) calendar day time frame, the Local Union President shall reduce the grievance to writing and shall be forwarded to the Area Operations Manager within ten (10) calendar days of the Company’s answer.
Step 2 The Company's Area Operations Manager, having jurisdiction R (and/or his/her designated representative) and the Local Union President (and/or his/her designated representative), who may be accompanied by the aggrieved employee, shall then meet within ten (10) calendar days and attempt to give his settle the grievance or her answerdifference. Within ten (10) calendar days after at the Step 2 meeting the Area Operations Manager shall forward a written answer to the Local Union President. If no satisfactory settlement the grievance or difference is reachednot satisfactorily settled at Step 2 above, the CCNA/PASNAP CWA Representative or Local Union President may forward a written appeal to the Company’s Labor Relations Representative, within ten (10) calendar days after the Company’s answer under Step 2 above. The Company Manager-Labor Relations (and/or the designated R representative) and the Union Representative shall meet within fourteen (14) calendar days of the date of the written appeal referenced in Step 2 (either face-to-face or via telephone conference). Within fourteen (14) calendar days after the Step 3 meeting, the Company Manager – Labor Relations (or designated representative) shall forward a written response to the Union Representative. If a satisfactory agreement is not obtained under Step 3, then the Union shall within thirty (30) calendar days after of the Human Resource Manager's answer appeal Company’s third step response subject to the matter provisions of Article 19, have the right to Step Four. STEP FOUR - If submit the grievance is still not satisfactorily settled, to arbitration by delivering to the matter company written notice of its intention to do so.
18.02 Any grievance related to a suspension or discharge may be appealed presented to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules Company’s designated representative at the final step of the American Arbitration Association applicable to labor arbitrationsgrievance process by the close of the 30th calendar day following the day on which such suspension or discharge action is taken.
2. 18.03 The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined time limits specified in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms foregoing steps may be extended with respect to the particular grievance or difference by mutual consent of this Agreementthe parties hereto and confirmed in writing.
18.04 Any grievance shall be presented as soon as practicable after the last occurrence, but in no event later than twenty-one (21) calendar R days thereafter. Failure to submit a grievance within such period shall constitute a bar to further action thereon, unless it is shown that such failure was due to causes beyond the control of the employee, or that neither the employee nor the Union knew that the cause of the grievance existed.
18.05 The aggrieved employee and the employee acting as authorized representative of the Union may, without loss of pay and following reasonable advance notice, and at a time mutually agreed to in advance, discuss and investigate grievances when accompanied by a Company representative during their respective scheduled work days.
18.06 If the aggrieved employee and/or his/her representative employed by the Company or other employees are requested by the Company to leave their normal working area in the handling of an alleged grievance or difference, the Company will reimburse him/her for reasonable board, lodging and transportation expense incurred in connection therewith.
18.07 Exclusive of Company representatives, attendance at grievance meetings shall be limited to three (3) persons employed by the R Company, one of which must be the aggrieved. Within these limitations, employees of the Company shall suffer no loss of time or pay for regular scheduled work time during the normal work week spent in attendance at such meetings. The Union may have additional attendees external to the Company for grievance meetings at their own expense. Any additional employees of the Company must be mutually agreed upon in order to attend.
18.08 The failure by the Union to adhere to the time limits pertaining to the processing of a grievance, shall result in the grievance being withdrawn. If the Company does not provide a timely written response, the grievance shall automatically move to the next step of the grievance process (excluding arbitration).
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. 9.1 A grievance shall be is defined as any complaintas:
a. A claimed breach, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract frommisinterpretation, or modify in any way any improper application of the terms of this Agreement.
b. A claimed violation, misinterpretation, or misapplication of rules or regulations, existing policy of orders, applicable to the division or department which employs the grievant affecting the terms and conditions of employment.
c. A minor discipline up to an including five days suspension shall be subject to this full grievance procedure except letters of reprimand which may only be grieved to the Step 2 below, which is the County Administrator. All other minor discipline up to and including five day suspension may be grieved through all steps, including arbitration. A claimed grievance shall be discussed between the employee and his immediate supervisor and, if unresolved after discussion, shall be resolved in the following manner: Step One: The Union Grievance Committeeman or President shall take up the grievance or dispute with the Superintendent, ▇▇▇▇▇▇ County Jails, within fourteen (14) days of its occurrence. Said grievance or dispute shall be presented in writing to the appropriate institutional official and they shall respond in writing to the Union President or designated representative within five (5) working days. Step Two: If the grievance is still unsettled, it shall be presented in writing to the County Administrator or his/her designee with the Department of Administration within five (5) days from receipt of the response of the department director. No later than ten (10) days after receipt of grievance, the County Administrator or his/her designee shall meet with the employee to discuss the grievance. The County Administrator or his/her designee shall give an answer in writing no later than ten (10) days after meeting. Step Three: If the grievance has not been satisfactorily resolved as Step Two, and the grievance involves a claimed breach, misinterpretation, or improper application of the terms of this Agreement, the Union may, within fourteen (14) days after the reply of the department director is due, request the Public Employment Relations Commission to supply the parties with a panel of arbitrators. A copy of said notice shall be served upon the department director. The arbitrator shall be selected by the parties in accordance with the rules promulgated by the Public Employment Relations Commission. The decision of the arbitrator shall be final and binding on both parties, it being expressly understood that such binding arbitration is limited exclusively to disputes involving the application, meaning, or interpretation of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 It is the mutual desire of the Parties hereto that any complaints or grievances arising between the Parties with respect to the application, interpretation or alleged violation of this Agreement, the Human Rights Code and the Occupational Health and Safety Act, shall be dealt with in a timely manner.
17.02 It is generally understood that an employee has no complaint or grievance until they have either directly or through the Union, given their supervisor an opportunity to adjust the complaint. A The aggrieved employee must register their complaint within five (5) calendar days of the circumstances giving rise to the complaint or after the grievor should have known that the incident occurred.
7.03 If, after registering the complaint with the supervisor and the complaint is not settled within three (3) calendar days or such longer period which may have been agreed to by the Parties, then the following steps shall be followed:
(a) the grievance shall be defined as any complaintsubmitted in writing, disputeto the immediate supervisor, controversy or disagreement involving one designate, either directly or through the Union within five (15) calendar days.
(b) within five (5) calendar days of the receipt of the written grievance, the immediate supervisor and/or designate, shall hold a meeting with the grievor and the Union to discuss the grievance.
(c) the immediate supervisor, or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the applicationdesignate, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present give a written response within five (5) calendar days of the meeting to the ▇▇▇▇▇▇▇ and the Union office. A Union representative and/or an International Representative may be present at any step of the grievance procedure.
(a) if the complaint is not satisfactorily settled at Step 1, the grievance may be submitted in writing to his one of the General Managers, or her immediate manager designate, within five (5) calendar days from the date of receipt of the answer given in Step 1.
(b) within seven (7) work calendar days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after the receipt of the grievance to meet grievance, the General Manager and/or designate, shall hold a meeting with the grievant grievor, the ▇▇▇▇▇▇▇ and the unit Union representative or in an effort to resolve the CCNA/PASNAP and once the meeting has occurred, ten grievance.
(10c) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) calendar days after of the manager's answer appeal to Step Twomeeting with the grievor and their representative, the General Manager, or designate, shall render a decision in writing. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at If the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of is not settled at Step 2, then the grievance may be referred to meet arbitration in accordance with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answerArticle 9 of this Agreement. If no satisfactory settlement written request is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may received within thirty (30) calendar days after of the Human Resource Manager's answer appeal the matter to response in Step Four. STEP FOUR - If 2, then the grievance is still shall be deemed to be abandoned and the same grievance shall not satisfactorily settled, be the matter subject of a further grievance.
7.04 The time limits in the grievance procedure may be appealed to an impartial Arbitrator. The Arbitrator shall be selected extended in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally writing by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. 7.05 The Arbitrator grievance must state the violation and the relief sought and be signed by either the employee or a Union representative.
7.06 The Company, the grievor and the Union shall have jurisdiction only over disputes arising out cooperate in the exchange of grievances as defined in Section 1 information for the purpose of adding clarification and subsequent resolution of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreementgrievance.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A grievance 11.1 It is the mutual desire of the Parties hereto that complaints of employees shall be defined adjusted as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreementquickly as possible. Grievances Such complaints shall be processed and disposed of acted upon in the following manner: STEP ONE - The manner and sequence.
Step 1 It is understood that an employee or employees affected has no grievance until they have first given their immediate Supervisor an opportunity of adjusting their complaint. Such complaint shall present a written grievance to his or her be discussed with the immediate manager Supervisor within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of the grievance circumstances giving rise to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has complaint have occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP and failing settlement, it may then be taken up as a grievance within five (5) working days after following the manager's answer appeal discussion with the immediate Supervisor. In discussing such complaints, the employee may be accompanied by a Local Union Representative.
Step 2 The aggrieved employee(s) shall submit their grievance in writing to Step Twothe Chairperson of the Union Committee. A grievant in a non-nursing department shall have If the right to request a member Grievance Committee of Nursing Management the Union considers the grievance to be present justified, the employee(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Division Manager and/or their immediate departmental Director/Manager within five (5) working days as spelled out in Step 1. The written grievance signed by the aggrieved employee(s) must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. The Division Manager and/or the immediate departmental Director/Manager will deliver their decision in writing within five (5) working days following the day on which the grievance hearingis presented to them. STEP TWO - The grievant Division Manager and/or the immediate departmental Director/Manager will also distribute copies of the original grievance and their answer, to the unit representative or CCNA/PASNAP shall immediate Supervisor concerned. Failing settlement then Step 3 may be invoked. Step 3 Within five (5) working days following the receipt of the written decision under Step 2, the Grievance Committee may submit the written grievance to the grievant’s Department Head Manager, Employee Relations or his or her authorized representativedesignate. The Department Head or his or her authorized representative shall have five A meeting will be held within ten (510) working days after of the receipt of the written grievance to meet with at which time the grievant and his matter will be reviewed. The Manager, Employee Relations or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may designate will deliver their decision in writing within five (5) working days after from the Department Head's answer appeal date on which the matter to meeting was held under Step Three. 3.
11.2 A grievant in a non-nursing department shall have complaint or grievance arising directly between the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant Corporation and the unit representative Union concerning the interpretation, application or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who alleged violation of this Agreement, shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredbe originated under Step 3. Failing settlement under Step 3, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter it may be appealed submitted to an impartial Arbitrator. The Arbitrator shall be selected Mediation/Arbitration in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. Under this Agreement, a grievance shall mean any controversy or claim arising out of or relating to wages, hours, and conditions of employment, or any controversy or dispute arising out of or relating to this Contract.
1A. The following procedure shall be the sole and exclusive means for resolving grievances. A grievance shall may be defined as any complaint, dispute, controversy filed by an individual Employee or disagreement involving one (1) group of Employees or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning by the application, meaning or interpretation of parties to this Agreement. Grievances shall The Grievance Procedure as described below must be processed and disposed of in initiated by the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7grievant(s) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after of the Human Resource Manager's answer appeal grievant’s knowledge of the occurrence of the matter to be grieved.
Step Four1. STEP FOUR - If an Employee feels they have a grievance, prior to reducing it to writing, it must be discussed orally with their immediate supervisor either individually or with their Union representative present. The supervisor will meet on the shift in which the grievance originated. At that time a standard form will be signed by both parties documenting verbal presentation of the grievance, and if resolved at this point, the disposition. If the immediate supervisor believes that the matter is not within their jurisdiction, the matter will then be discussed with the Labor Relations Officer or their designee, who will either accept the grievance as within their jurisdiction or refer the grievant(s) to the proper person, and who will sign a standard form documenting their referral. The immediate supervisor or the person to whom the grievance was referred must reply to the grievance within five (5) working days.
Step 2. If the grievance is still not satisfactorily settledthereby disposed of, it shall be submitted by the grievant(s), in writing, to their immediate supervisor within seven (7) working days following discussion with the immediate supervisor, on the standard grievance form. The grievance shall set forth the provisions of the Contract involved, if applicable, and explain how the Agreement has been allegedly violated, or the non-contractual basis for the grievance, and the remedy desired. The immediate supervisor
Step 3. If the grievance remains unresolved, the matter Union may, within seven (7) working days after receipt of the grievance disposition in Step 2, submit the grievance to the Labor Relations Officer or their designee. The Union or its designee, and the Labor Relations Officer or their designee, may meet to discuss the grievance within seven (7) working days from the date the Labor Relations Officer or their designee receives the grievance. The Labor Relations Officer or their designee will place their disposition of the grievance in writing on the grievance form and shall return it to the Union. Such disposition of the grievance shall be appealed issued no later than seven (7) working days after submission of the grievance to an impartial Arbitratorthe Labor Relations Officer or meeting with the Union, whichever is later.
Step 4. If the grievance is not settled at Step 3, the Union may request arbitration within thirty (30) calendar days following the receipt of the written grievance disposition by the Labor Relations Officer or their designee. If no such notice is given within the prescribed time limits provided, the grievance shall not be arbitrable.
1. The Arbitrator shall be selected in accordance with the prevailing rules following manner:
a. The parties agree to meet as soon as reasonably possible, but no later than sixty (60) days after ratification of the American Arbitration Association applicable Contract, to labor arbitrationsselect an ad hoc panel of Arbitrators. This panel shall contain no more than three (3) members who will be selected via mutual agreement by the Medical Center and the Union. The arbitration panel list will be alphabetized with cases distributed on a rotational basis. If a panel arbitrator is unable to arbitrate, the next panel arbitrator shall be selected to arbitrate the grievance. Revisions to this list may be made by mutual agreement between the parties.
b. Either party may remove no more than one (1) arbitrator from the panel during any twelve (12) month period, by giving ten (10) days’ written notice to the other party. In the event a panel arbitrator is removed from the panel list or becomes unavailable to arbitrate any grievances, the parties will promptly select, by mutual agreement, a replacement panel arbitrator.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, to or subtract from, from or modify in any way any of the terms of this AgreementAgreement or any supplemental agreement thereto.
3. No economic adjustment shall be made by the Arbitrator for more than twenty-four
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 24.01 The parties to this Agreement recognize the stewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
124.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) work days after the subject of such grievance occurred. A grievance If the action or condition is of a continuing or recurring nature, this limitation period shall be defined as any complaintnot begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, dispute, controversy application or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation administration of this Agreement. Grievances The procedure for processing grievances shall be processed and disposed as follows:
Step 1 Should the employee be dissatisfied with the immediate supervisor’s disposition of in the following manner: STEP ONE - The complaint, the employee or employees affected shall present may, with the assistance of his ▇▇▇▇▇▇▇, refer such matter on a written grievance form supplied by the Union to his or her their immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have supervisor no later than five (5) working days after receipt from the date of the verbal reply of the immediate supervisor. The complaint shall constitute a formal grievance at Step 1. The immediate supervisor shall answer the grievance in writing within three (3) working days. The grievance shall contain a brief statement of the nature of the grievance, indicate the relief sought and be signed by the employee or the employees involved.
Step 2 Should the employee be dissatisfied with the disposition of the grievance at Step 1, the grievance may be referred to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredManagement Committee, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days after of the manager's immediate supervisor’s reply. The Management Committee, shall answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredin writing, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days. Should a meeting be required at Step 2, the Union ▇▇▇▇▇▇▇ shall be in attendance.
Step 3 Should no settlement be reached at Step 2, the Grievance Committee and representatives of management, shall meet within five (5) working days after of receipt of the Department Head's answer appeal reply of the matter Management Committee to Step Threediscuss the grievance. If the grievance is not settled within five (5) working days, it may be referred to arbitration as hereinafter provided.
24.03 A grievant in “Group Grievance” is defined as a non-nursing department shall single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC representative on behalf of a group of employees who have the right to request a member same complaint. Such grievances must be dealt with at successive stages of Nursing Management to be present at the grievance hearingprocedure commencing with Step 1. STEP THREE - The grievant and grievers shall be listed on the unit representative grievance form.
24.04 A “Policy Grievance” is defined as one, which involves a question relating to the interpretation, application or CCNA/PASNAP will submit administration of this Agreement. The Union or the written Employer may initiate a Policy Grievance beginning at Step 3 of the Grievance Procedure. Such grievance to a Human Resource Manager who shall have be filed within ten (10) work working days after receipt of the incident giving rise to the complaint and be in the form prescribed in Step 1. Either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance may refer any such grievance to meet with arbitration.
24.05 Any complaint or grievance, which is not commenced or processed through the grievant and next stage of the unit representative Grievance or Arbitration Procedures within the CCNA/PASNAP and once time specified, shall be deemed to have been dropped. However, time limits specified in the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter Grievance Procedure may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of agreement in writing between the Arbitrator shall be final Union and binding upon the partiesEmployer.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
Section 1. A grievance The purpose of the Grievance Procedure shall be defined to settle employee grievances on as low a level as possible so as to insure efficiency and employee morale. An aggrieved employee may have an Association representative and/or attorney present at and participating in any complaint, dispute, controversy or disagreement involving one (level of the Grievance Procedure.
Step 1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed first presented orally by the employee with or without his/her Association representative and/or his/her attorney to the Chief of Police, and disposed an ▇▇▇▇▇▇▇ effort shall be made to adjust the grievance in an informal manner.
Step 2. If the grievance is not resolved in Step 1, the grievance shall be reduced to writing by the Association and presented to the Chief of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager Police within seven fifteen (715) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementthe alleged violation or reasonable knowledge thereof. The manager Chief of Police shall have five (5) days after receipt of the grievance to meet with the grievant Grievance Committee within three (3) business days from the time the grievance is presented to him/her and he/she shall answer the unit representative or grievance in writing within three (3) business days after the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingmeeting.
Step 3. If no satisfactory settlement the grievance is reached not resolved in Step 2, the grievant or CCNA/PASNAP may Grievance Committee shall refer the complaint to the Board of Selectmen within five (5) business days from the receipt of this Step 2 answer. The Board of Selectmen shall meet with the Grievance Committee within fourteen (14) days to discuss the grievance and will answer the grievance in writing within three (3) business days after the manager's answer appeal to Step Twomeeting ends.
Section 2. A grievant Grievances shall be presented in a non-nursing department shall have writing through all the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt steps of the grievance to meet with and arbitration procedure and shall state in reasonable detail the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt nature of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsremedy requested.
2Section 3. The costs of All demands for arbitration shall be shared equally by theparties.
3filed with the Labor Relations Connection. The Arbitrator's decision dispute as stated in the request for arbitration shall constitute the sole and entire subject matter to be rendered within thirty (30) working days after heard by the hearing arbitrator, unless the parties agree to modify the scope of the dispute, unless extended by mutual agreementhearing. The findings award of the Arbitrator an arbitrator shall be final and binding upon the parties.
4. The Arbitrator parties covered in this Agreement, provided that no arbitrator shall have any authority or jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract detract from, or modify in any way any of alter the terms provisions of this Agreement.
Section 4. Any of the time limits outlined in this Agreement may be changed at any time by mutual agreement of the parties.
Section 5. Each party shall have the right to employ a public stenographer or use a mechanical recording device at any step in the procedure.
Section 6. The Association shall be entitled to submit grievances which affect the entire Association in the name of the Association in the same manner as provided therein for employees, provided a specific grievance is filed initially by at least one employee.
Section 7. Any incident which occurred or failed to occur prior to the signing of this Agreement shall not be the subject of any grievance procedure under this contract. However, any employee may pursue any remedy that he/she was entitled to prior to the signing of this Agreement.
Section 8. Grievance as defined by this contract shall be waived if not presented in writing to the Chief of Police within fifteen (15) days of the alleged violation or reasonable knowledge thereof.
Appears in 1 contract
Sources: Collective Bargaining Contract
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaintShould a dispute arise between the Employer and an Employee, disputeor the Union, controversy regarding the interpretation, meaning, operation, or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation application of this Agreement. Grievances , including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall be processed and disposed of made to settle the dispute in the following manner: STEP ONE - manner as described in this Article. It is the mutual desire of the parties that the complaints of Employees shall be resolved as quickly as possible. It is understood that an Employee has no grievance until has first given appropriate Supervisor the opportunity of resolving complaint. The employee Employee may request the assistance of a Union representative. If an Employee has a complaint shall discuss it with appropriate Supervisor within twenty (20) working days after the day on which the circumstances giving rise to the complaint occurred or employees affected ought to have reasonably come to the attention of the Employee. The Supervisor shall present a written grievance give response to his or her immediate manager this complainant within seven (7) work working days following this discussion. In the event that the Supervisor is the Manager of the the grievance may proceed to Step with the agreement of the parties. If the reply of the Supervisor is not satisfactory to the Employee concerned, then it may be taken up as a grievance within seven (7) working days of its occurrence, with a unit representative the response of CCNA/PASNAP, in an attempt the Supervisor and referred to affect a satisfactory settlementthe Manager. of the appropriate or designate. The manager grievance shall have five be in writing and shall include the circumstances giving rise to the grievance, the remedy sought, and should include the provisions of the Agreement generally to be relied upon, and shall be dated and signed by the Employee Union representative. The Manager of the appropriate or designate, will hold a meeting with the and up to two (52) Union representatives within ten working days after of receipt of the grievance to meet with grievance. The Manager of the grievant and appropriate or designate may request the unit representative or the CCNA/PASNAP and once attendance at the meeting has occurred, of any other The Manager of the appropriate or designate shall give response to the Union in writing within ten (10) working days following the meeting. Collective Agreement Unit C September to give his or her answer in writing. If no August Failing satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member resolution of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and at Step the unit representative or CCNA/PASNAP shall submit Union may refer the written grievance to the grievant’s Department Head appropriate designated management representative within seven (7) working days of the written response of the Manager of the appropriate or his or her authorized representativedesignate. The Department Head appropriate designated management representative or his or her authorized representative shall have five designate, will hold a meeting with up to two (52) Union representatives within ten working days after of receipt of the grievance to meet with the grievant and his or her unit grievance. The may attend such meeting. The appropriate designated management representative or designate may request the CCNA/PASNAP and once attendance at the meeting has occurred, ten(10) of any other The appropriate designated management representative or designate shall give response to the Union in writing within ten working days to give his or her answerfollowing the meeting. If no The Employer shall notify the Union of the appropriate designated management representative. Failing satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member resolution of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and at Step the unit representative or CCNA/PASNAP will submit Union may refer the written grievance to a Human Resource Manager who shall have ten board of arbitration, as provided for below, at any time within twenty-one (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (3021) working days after the hearing of the dispute, unless extended written response of the appropriate designated management representative; Such referral shall be made in writing to the person designated by mutual agreementthe Employer. The findings Board of Arbitration will be composed of one (1) person appointed by the Arbitrator shall be final and binding upon Employer, one (1) person appointed by the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the ArticleUnion, and he or she shall have no power a third person to add to, subtract from, or modify in any way any of act as Chair chosen by the terms of this Agreement.other two
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. Should any grievance, as defined herein, arise, there shall be no suspension of work and an ▇▇▇▇▇▇▇ effort shall be made to settle such difficulties promptly in the manner hereinafter outlined. Any employee having a complaint may discuss the same with his/her immediate supervisor and/or his/her departmental committeeperson.
Step 1. A grievance shall be defined as The agreement endorses the concept of settling grievances at the lowest possible level. Accordingly, any complaintemployee alleging a complaint will, disputewithin six (6) working days after he/she knowing of the facts giving rise thereto of the alleged violation, controversy or disagreement involving one (1) or more employees and CROZER or between CCNAmeet with his/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an supervisor and departmental committeeperson and attempt to affect a satisfactory settlementresolve the complaint. This oral step is mandatory prior to any grievance being reduced to writing.
Step 2. The grievance, if not settled in Step 1, may be referred within three (3) working days following the date on which the Company’s answer was given in Step 1 to the appropriate project manager shall have five or designee. This meeting will be held within three (53) working days after following the receipt of the grievance to meet with by the grievant project manager. This meeting will be between the grievant, his supervisor and/or the manager responsible for alleged violation, his departmental committeeperson, plant grievance committeeperson, and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head manager or his or her authorized designated representative, and a representative of the Human Resources Department if so desired by the Company. The Department Head manager or his or her authorized designated representative shall have five will make a reply within three (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing grievance is discussed in formal meeting.
Step 3. The grievance, if not settled in Step 2, may be referred within three (3) working days following the date on which the Company’s written answer was given in Step 2 for consideration at the next meeting to be held between the president of the disputelocal Union or his designated representative, together with the plant wide committeeperson from the area and shift where the grievance was filed, a member of the Company’s Human Resources Department, the manager or his designated representative for the area from which the grievance was filed. The Union business representative of the Local may also attend the Step 3 discussion. Such meeting shall be held on the second and fourth Tuesday of each month (unless extended changed by mutual agreement). The findings A grievance properly referred to this step shall be discussed at the next meeting provided notice of referral shall be submitted to the office of the Arbitrator Manager of Human Resources not less than three (3) working days prior to the date of the scheduled meeting. Grievances which are filed within three (3) working days of such meeting shall be final and binding upon discussed at the partiesnext meeting or at some other time as mutually agreed upon.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
Section 1. A grievance It is mutually agreed that all grievances, disputes or complaints arising over the interpretation or application of this Agreement be settled in accordance with the procedure herein provided and that there shall be defined as at no time, any complaintstrikes, disputetie-ups of equipment, controversy slow-downs, walk-outs, or disagreement involving one (1) any other cessation of work through the use of any method of lockout.
Section 2. Every effort shall be made to adjust controversies and disagreements in any amicable manner between the Employer and the Union. Information which is necessary for the processing of the grievance will, with the approval of the employee involved, be available to the Union, except information found in the confidential file of the employee.
Section 3. Should any grievance dispute or more employees and CROZER complaint arise over the interpretation or between CCNA/PASNAP and CROZER which may arise concerning application of the application, meaning or interpretation contents of this Agreement. Grievances , there shall be processed and disposed an ▇▇▇▇▇▇▇ effort on the part of in the parties to settle such promptly through the following manner: steps:
STEP ONE - The employee or employees affected 1 It shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt be the responsibility of the aggrieved to reduce any grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may writing within five (5) working days after of the manager's answer appeal alleged grievance on the form provided for by the Union and to Step Two. A grievant in serve a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance copy to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have immediate supervisor.
STEP 2 Within five (5) working days after of the receipt of the grievance grievance, a conference will be held by the supervisor and the aggrieved employee. Union representation may be present during the conference. In the event this step fails to meet with settle the grievant and his or her unit representative or complaint, it shall be presented to the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Superintendent within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing with the immediate supervisor.
STEP 3 Within five (5) working days of receipt of the disputeappeal of the supervisor's decision at Step 1, unless extended the Superintendent will review the grievance with the employee. Union representation may be present during this hearing with the Superintendent. The Superintendent will respond to the grievance in writing within five (5) working days of the hearing. In the event this step fails to settle the grievance, it may be referred to M.E.R.C. for mediation by either party, provided that the referral is submitted within ten (10) working days of the date of the response by the Superintendent. The mediation step may be by-passed by mutual agreement. The findings consent of the Arbitrator shall be final and binding upon the parties.
4STEP 4 Within five (5) working days of the mediation then the grievance may be referred to Arbitration by either party. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of Teamster panel will decide if the Article, and he or she shall have no power grievance should be forwarded to add to, subtract from, or modify in any way any of the terms of this AgreementArbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance 9.01 It is the mutual desire of the Parties hereto that any complaint or cause for dissatisfaction arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement shall be defined adjusted as any quickly as possible.
9.02 It is generally understood that an employee has no complaint or grievance until he/she, either directly or through the Union, has first given his/her immediate supervisor an opportunity to adjust the complaint.
9.03 If, dispute, controversy or disagreement involving after registering the complaint with the immediate supervisor and such complaint is not settled within one (1) regular working day or more employees and CROZER or between CCNA/PASNAP and CROZER within any longer period which may arise concerning have been agreed to by the applicationParties, meaning or interpretation then the following steps of this Agreement. Grievances the Grievance Procedures may be invoked: The grievance shall be processed submitted in writing to the immediate Supervisor either directly or through the Union. The grievance shall identify the nature and disposed the facts of in the following manner: STEP ONE - grievance and the remedy sought. The employee or employees affected immediate Supervisor shall present a written grievance to his or her immediate manager meet with the employee's Union ▇▇▇▇▇▇▇ within seven three (73) work working days of its occurrence, with a unit representative the receipt of CCNA/PASNAP, the grievance in an attempt to affect a satisfactory settlementresolve the grievance. The manager grievor may be present at this meeting if requested by either Party. The immediate Supervisor shall have within a further three (3) working days give his/her answer to the grievance to the Union. Within five (5) working days after following the decision under Step One, the grievance may be submitted to the Department Head or designate who will discuss the grievance with the ▇▇▇▇▇▇▇ with or without the presence of the employee within three (3) days of the receipt of the grievance to meet with and will deliver his/her decision in writing within five (5) working days from the grievant and date on which the unit representative written grievance was presented. Once the Department Head or designate responds, then the CCNA/PASNAP and once the meeting union has occurred, ten (10) days from the receipt of the response to give his decide if the grievance will move to step 3. Failure to comply with this time limit will consider the grievance null and void. Failing settlement or her answer in writing. closure, then: If no satisfactory settlement is reached the grievant grievance remains unsettled at the conclusion of Step Two, the grievance may be submitted to the CHRO or CCNA/PASNAP may designate who shall within five (5) working days after hold a meeting between the manager's answer appeal Union Grievance Committee (not to Step Two. A grievant exceed one (1) in number plus the Local Union President) and the appropriate representatives of Management, in a non-nursing department shall have final attempt to resolve the right to request a member grievance. The Field Staff Representative of Nursing Management to the Union and the Grievor may be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representativethis meeting if requested by either party. The Department Head CHRO or his or her authorized representative designate shall have within a further five (5) working days give his/her decision, in writing, to the Union.
9.04 The Company shall not be required to consider any grievance which is not presented within fifteen (15) working days after receipt the grievor or the Union first became aware of the alleged violation of the Agreement. Thereafter the time limits in Article 9.03 shall be considered discretionary and not mandatory.
9.05 If final settlement of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to not reached at Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at Three then the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance may be referred in writing by either Party to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredArbitration as provided in Article 11, ten (10) days to give his or her answer. If no satisfactory settlement is reachedArbitration, the CCNA/PASNAP may at any time within thirty (30) calendar days after the Human Resource Manager's answer appeal decision is received under Step Three.
9.06 It is understood that the matter Company may bring forward at any meeting held with the Union Grievance Committee any complaint with respect to Step Four. STEP FOUR - If the conduct with the Union, its Officers or Committee members, or members, and that if such a complaint is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred directly to Arbitration in the same way as the grievance is still not satisfactorily settled, the matter may be appealed to of an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsemployee.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as 9.01 It is the mutual desire of the parties hereto that any complaint, dispute, controversy complaint or disagreement involving one (1) or more employees cause for dissatisfaction arising between an employee and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the Employer with respect to the application, meaning interpretation or interpretation alleged violation of this Agreement. Grievances agreement shall be processed and disposed of in the following manner: STEP ONE - The adjusted as quickly as possible.
9.02 It is generally understood that an employee or employees affected shall present a written has no grievance to his or until she has given her immediate manager supervisor an opportunity to adjust her complaint. If an employee has a complaint, she shall discuss it with her immediate supervisor within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt being made aware or ought reasonably to have been aware of the circumstances giving rise to the complaint and she may be accompanied by her ▇▇▇▇▇▇▇ if she so desires. If after registering the complaint with the supervisor and such complaint is not settled within two (2) regular working days or within any longer period which may have been agreed to by the parties, then the following steps of the grievance procedure may be invoked, within seven (7) working days following the decision of the immediate supervisor.
9.03 An employee shall not leave her regular duties in order to meet submit a grievance hereunder, until she has first secured permission from her immediate supervisor. Such permission shall not be unreasonably withheld and shall be granted prior to the end of the shift.
STEP 1 The employee, together with her ▇▇▇▇▇▇▇, may present her alleged grievance to the grievant immediate supervisor. The grievance shall be in writing on a grievance form and shall include the nature of the grievance, the remedy sought and the unit representative section or sections of the CCNA/PASNAP and once the agreement which are alleged to have been violated. A meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may will be held within five (5) working days after between the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant immediate supervisor and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or grievor and her authorized representative▇▇▇▇▇▇▇. The Department Head or his or immediate supervisor shall deliver her authorized representative shall have five decision in writing within seven (57) working days after from the receipt of the grievance.
STEP 2 If the decision of the immediate supervisor is unsatisfactory then within seven (7) working days from receipt of the reply at Step 1, the grievance shall be submitted in writing to meet the Administrator or his designate. The Administrator or his designate shall arrange a meeting with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may Grievance Committee within five (5) working days after the Department Head's answer appeal of the matter to being referred. Within seven (7) working days following the receipt of the grievance at Step Three. A grievant 2, the Administrator or his designate shall reply in writing.
9.04 It is understood that at a non-nursing department shall grievance meeting, the Employer representative may have such counsel and assistance as he may desire, and that the right to request a member of Nursing Management to employee may have her ▇▇▇▇▇▇▇, and the International Union representative may also be present at the grievance hearing. STEP THREE - The grievant request of either the employee and the unit representative Employer.
9.05 Failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or CCNA/PASNAP will submit the written grievance alleged violation of this agreement, including any question as to whether a Human Resource Manager who shall have ten (10) work days after receipt of matter is arbitrable, the grievance may be referred to meet with arbitration by either the grievant and the unit representative Employer or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answerUnion. If no satisfactory settlement written request for arbitration is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered received within thirty (30) working days after the hearing decision at Step No. 2 the grievance shall be deemed to have been abandoned and shall not be the subject matter of a further grievance.
9.06 All limits shall be deemed to be mandatory. If at any step in the grievance or arbitration procedure the grievance has not been processed by the grievor or her agent in accordance with the time limits prescribed, the grievance shall be deemed to have been settled and/or withdrawn. If at any step of the dispute, unless extended grievance procedure the grievance has not been processed by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.Employer
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. A An employee having a grievance shall present it to his ▇▇▇▇▇▇▇ in writing, who shall take it up with his immediate supervisor. It shall be defined as optional to the Company to decline to consider any complaint, dispute, controversy or disagreement involving one (1) grievance the alleged circumstances of which originated or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have than five (5) days days, of Saturdays, Sundays and paid holidays, prior its presentation or five (5) such from the time the employee or the Union became aware or should have become aware of such occurrence. The immediate Supervisor shall deal with the written grievance and render his decision thereon In writing within two (2) days, exclusive of Saturdays, Sundays and paid holidays, following the day upon which he received the written grievance. If an employee is called in before his shift or held over the conclusion of his shift for a meeting, the Company will pay such employee at his straight time rate for the time spent by the employee for meeting before or after his shift. If the grievance is not adjusted satisfactorily by said supervisor and the ▇▇▇▇▇▇▇, shall taken up by the Union committee and management at the next meeting between the Management and the Union committee, provided that the Union committee shall have given the Management notification in writing of the full details of said grievance at least twenty-four hours prior to said meeting. Management’s decision shall be in writing to the Chairman of the Union committee not later than three (3) days, exclusive of Saturdays, and paid holidays, after the holding of the meeting. Grievances which cannot be satisfactorily settled of the national Union and senior Management. Management‘s decision shall be rendered in writing to the Chairman of the committee not later than five days, of Saturdays, Sundays and paid holidays. after the joint review by representatives of the National Union and senior Management. If an employee’s grievance is that he been unjustly dealt with or unjustly discharged, of his grievance may include not only the of the case, but also what, if any, compensation shall be paid for the time lost in the event his reinstatement is agreed upon. Grievances which are not satisfactorily settled after grievance procedure has been exhausted may be referred to an arbitrator, whose decision shall be and binding, providing the party desiring to proceed to gives to other party notice of such desire (IO) days, exclusive of Saturdays, Sundays and paid holidays, after receipt of the grievance to meet with decision at or following the grievant joint review by senior Management and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingNational Union. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reachedparties cannot agree on an arbitrator, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator appointment shall be selected in accordance with made by the prevailing rules Minister of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration Labour for An arbitrator shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the disputenot alter, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, modify or amend any part of this agreement, he shall, however, in respect of a grievance involving a penalty, be entitled to modify or set aside such penalty as in any way any opinion of the terms arbitrator is just and The following special procedure shall be applicable to a grievance alleging improper discharge of this Agreement.an employee suspension of an employee:
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A grievance will be submitted subject to the following grievance procedure:
Step 1: Immediate Supervisor If any employee has a grievance, the employee will first meet and present the issue and proposed resolution to the employee’s immediate supervisor within fourteen (14) calendar days from the date the employee was or should have been aware that the grievance existed. A grievance shall Union ▇▇▇▇▇▇▇/advocate will be defined as any complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning present if requested by the application, meaning or interpretation of this Agreementemployee. Grievances shall be processed and disposed of If the Union ▇▇▇▇▇▇▇/advocate participates in the following manner: STEP ONE - The grievance meeting, the Human Resources Manager or designee may also be present at this Step 1 meeting. Within ten (10) calendar days after such meeting, the supervisor shall send the Union and the employee or employees affected shall present a written response to the grievance
Step 2: Department Manager If the matter is not resolved to the employee’s satisfaction at Step 1, the employee may present the grievance in writing to his or her immediate the relevant manager (and/or designated representative) within seven (7) work calendar days of its occurrencefrom, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the supervisor’s written response to Step 1. Provided, however, if the Step 1 immediate supervisor is the Department Manager, the grievance shall proceed to Step 3. A meeting between the employee (and the Union ▇▇▇▇▇▇▇ /Representative, if requested by the employee) and the relevant manager (and/or designated representative) will be held within seven (7) days for the purpose of resolving the grievance. The relevant manager will issue a written response within ten (10) calendar days following the meeting. Step 3: Administrator If the matter is not resolved at Step 2 to the employee’s satisfaction, the grievance may be referred in writing to the Administrator (and/or designated representative) within seven (7) calendar days of the Step 2 decision. The Administrator (and/or designee) and Human Resources Manager will meet with the employee and the Union ▇▇▇▇▇▇▇/advocate/representative within ten (10) calendar days of receipt of the Step 3 grievance for the purpose of resolving the grievance. The Administrator (or designee) will issue a written response within ten (10) calendar days following the meeting. Step 4. Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the unit representative Union have complied with the specific time limitations specified in Steps 1, 2, and 3, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Administrator or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writingdesignee. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five Employer and the Union fail to agree on an arbitrator, a list of eleven (511) days after arbitrators will be requested from the manager's answer appeal to Step TwoFederal Mediation and Conciliation Service. A grievant The parties will thereupon alternate in striking a non-nursing department name from the panel until one name remains. The person whose name remains will be the arbitrator. Each party shall have the right to request a member of Nursing Management reject one (1) entire panel and request, at their expense, another panel. Any arbitrator accepting an assignment under this Article will endeavor to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may issue an award within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable close of the hearing or the receipt of post-‐hearing briefs, whichever is later, unless the parties mutually agree to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3a later date. The Arbitrator's ’s decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall will be final and binding upon the on all parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall no authority to decide staffing issues. The Arbitrator will have no power authority to add to, subtract from, or otherwise change or modify in any way any of the terms provisions of this Agreement, but will be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The Arbitrator will have no authority to award punitive damages, nor will the Arbitrator be authorized to make a back pay award for any period earlier than the beginning of the pay period prior to the pay period in effect in which the grievance was first presented to the Employer at Step 1 of this grievance procedure. Each party will bear one-‐half (1/2) of the fee of the arbitrator for an Award issued on a timely basis and any other expense jointly incurred incident to the arbitration hearing. All other expenses, including but not limited to legal fees, deposition costs, witness fees, and any and every other cost related to the presentation of a party’s case in this or any other forum, will be borne by the party incurring them, and neither party will be responsible for the expenses of witnesses called by the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance 11.01 Within the terms of the Agreement, a Grievance shall be defined as a difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable. The time limits fixed in the grievance procedure may be extended by mutual consent of the Parties.
11.02 It is the mutual desire of the Parties that an ▇▇▇▇▇▇▇ effort shall be made to settle all complaints and grievances fairly and promptly. In order to provide an orderly and speedy procedure for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and the Union Stewards. The ▇▇▇▇▇▇▇ may assist any employee which the ▇▇▇▇▇▇▇ represents in preparing and presenting her grievance in accordance with the grievance procedure. The Union shall notify the Employer in writing of the name of each ▇▇▇▇▇▇▇ and the name of the Chief ▇▇▇▇▇▇▇ before the Employer shall be required to recognize her. The list of stewards shall be posted in each work place by the Union and on internal electronic bulletin boards.
11.03 If an employee has a grievance or complaint, dispute, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which she may arise concerning discuss the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of matter with her immediate supervisor in the following manner: STEP ONE - The employee or employees affected shall present presence of a written grievance to his or her immediate manager Union Representative within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of the circumstances giving rise to the complaint have occurred. Failing settlement with the supervisor within two (2) working days thereafter, the complaint may be taken up as a grievance in the following manner:
Step 1 If the ▇▇▇▇▇▇▇ and/or the Grievance Committee consider the grievance to meet with be justified, the grievant and employee, who may be assisted by a ▇▇▇▇▇▇▇, may submit the unit representative or grievance in writing to the CCNA/PASNAP and once the meeting has occurred, immediate non-union supervisor within ten (10) working days following the circumstances giving rise to give his or the grievance. The non-union supervisor shall submit her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may writing within five (5) working days after of the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt filing of the grievance at Step 1.
Step 2 Failing settlement of the grievance at Step 1 the grievor and the ▇▇▇▇▇▇▇ shall present the grievance in writing to meet with the grievant Chief Librarian within ten (10) working days. A date shall be agreed upon by the parties for presentation and his or her unit representative or discussion of the CCNA/PASNAP and once grievance. Such meeting shall take place within ten (10) working days of the meeting has occurred, ten(10) days to give his or her answerfiling of the grievance at Step 2. If no satisfactory settlement is reached, The decision of the grievant or CCNA/PASNAP may Chief Librarian shall be delivered in writing within five (5) working days after a meeting has been held. If the Department HeadChief Librarian is the grievor's answer appeal immediate non-union supervisor, Steps 1 and 2 may be combined. Failing settlement at Step 2, then Step 3 may be invoked. Failing a settlement being reached in Step 2 the matter Union or the Employer may refer the dispute to Arbitration within twenty (20) working days.
11.04 In all articles “working days” shall mean normal working days and shall exclude Saturdays, Sundays and Paid Holidays even though an employee may work these days.
11.05 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union or the Employer has a grievance, Step Three1 of this Article may be bypassed. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to grievance under this section must be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have filed not later than ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of circumstances giving rise to the dispute, unless extended by mutual agreement. The findings of the Arbitrator .
11.06 Grievances and replies to grievances stating reasons shall be final and binding upon the partiesin writing in all stages.
4. 11.07 The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of Union recognizes that each ▇▇▇▇▇▇▇ is employed full-time by the Article, Employer and he or that she shall have no power not leave her work during working hours except to add to, subtract from, or modify in any way any of the terms of perform her duties under this AgreementArticle.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE.
1. This grievance procedure is established for the purpose of resolving disputes involving the interpretation or application of this AGREEMENT.
2. The EMPLOYER will recognize Stewards selected by the UNION as the grievance representatives of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the Stewards and of their successors when so named.
3. A grievance shall be is defined as any complaint, dispute, controversy a dispute over the interpretation or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation application of this AgreementAGREEMENT.
4. Grievances shall be processed and disposed of resolved in the following manner: :
STEP ONE - 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall within twenty-one (21) calendar days after such alleged violation present such grievance to the employee's immediate supervisor designated by the EMPLOYER. The EMPLOYER-designated representative will give a final answer to Step 1 grievance within ten (10) calendar days. If a grievance is not resolved in Step 1, such grievance shall be placed in writing and referred to Step 2 within ten (10) calendar days after the EMPLOYER'S final answer in Step 1. Any grievance not referred in writing by the employee or employees affected within ten (10) calendar days shall present a be considered waived.
STEP 2. The written grievance shall be presented personally to his the employee's department head or her immediate manager within seven (7) work days of its occurrenceother EMPLOYER-designated representative. A copy will be sent by registered mail, with a unit representative of CCNA/PASNAP, in an attempt return requested to affect a satisfactory settlementthe City Manager. The manager EMPLOYER-designated representative shall have five give the employee the EMPLOYER'S Step 2 answer within ten (510) calendar days after receipt of such Step 2 grievance. If a grievance is not resolved in Step 2, such grievance shall be referred to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not referred in writing by the employee within ten (10) calendar days shall be considered waived.
STEP 3. The written grievance shall be presented personally to meet with the grievant and EMPLOYER- designated representative (City Manager). The EMPLOYER-designated representative shall give the unit representative or EMPLOYER'S answer within ten (10) calendar days after receipt of such Step 3 grievance. If a grievance is not resolved in Step 3, such grievance shall be referred to Step 4 within ten (10) calendar days following the CCNA/PASNAP and once EMPLOYER-designated representa- tive's final Step 3 answer. Any grievance not referred in writing by the meeting has occurred, employee within ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrationsconsidered waived.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Labor Agreement
GRIEVANCE PROCEDURE.
145.1. A An employee or group of employees with a grievance shall be defined as any complaintshall, dispute, controversy or disagreement involving within twenty-one (121) calendar days after the first occurrence of the event giving rise to the grievance, present such grievance through the Union in writing to the appropriate first line or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the applicationdivision manager or, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance absence of such manager, to his or her immediate authorized representative with a copy of the grievance being sent to the Department Director. Within five (5) working days of receipt of the grievance, the manager shall meet with the grieving employee/s and the ▇▇▇▇▇▇▇ to try to fairly and equitably resolve the grievance.
45.2. Should the manager and grieving employee/s be unable to easily resolve the grievance, the manager and the union ▇▇▇▇▇▇▇ will meet and collaboratively prepare a written report of the specific contract language, facts, and circumstances pertaining to the grievance. Such fact and circumstances report shall be prepared within five (5) working days of the initial meeting between the manager and employee/s. Both sides shall make a good faith attempt to make the report as complete and accurate as possible. Preparation of the report shall include jointly interviewing all those affected by or with knowledge of the facts and circumstances surrounding the grievance.
45.3. The manager, in consultation with the department head shall present the Employer's position in writing to the employee or employees and the Union within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) working days after receipt of the grievance fact and circumstances report. Grievances not resolved within the department must be presented by the employee or employees through the Union in writing to meet with the grievant and the unit representative Chief Administrative Officer or the CCNA/PASNAP and once the meeting has occurred, ten designee within twelve (1012) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days after the manager's answer appeal Employer has given its reply to Step Twosuch grievance. A grievant The Chief Administrative Officer or designee shall reply in a non-nursing department writing to the aggrieved employee or employees and the Union within twelve (12) working days after receipt of such grievance. The resolution of grievances settled by the procedures set forth in this paragraph shall have be reduced to writing and signed by the right to request a member of Nursing Management to be present at employee or employees, the Union and the Employer.
45.4. If the grievance hearing. STEP TWO - The grievant and is not settled in accordance with the unit representative or CCNA/PASNAP shall submit foregoing procedure, the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five Union may, within twelve (512) working days after receipt of the reply of the Chief Administrative Officer or designee submit the grievance to meet with arbitration by serving notice in writing of such submittal upon the grievant and his Chief Administrative Officer or her unit representative or designee. In the CCNA/PASNAP and once event the meeting has occurredparties are unable to agree upon an arbitrator within said twelve (12) day period, ten(10) days either party may request the Bureau of Mediation Services of the State of Minnesota to give his or her answersubmit a panel of at least five arbitrators. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department The parties shall each have the right to request a member of Nursing Management alternately strike names from the panel until one name remains. If the parties are unable to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager agree on who shall strike the first name, the question shall be decided by a flip of the coin. The remaining person shall be the arbitrator. The arbitrator shall be notified of his or her selection by the parties.
45.5. The arbitrator shall have ten (10no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He or she shall consider and decide only the specific issue(s) work submitted to him or her in writing by the parties, and shall have no authority to make a decision on any other issue not so submitted to him or her. More than one grievance may be heard by the same arbitrator by mutual agreement of the parties. Either party may, if it desires, submit a brief to the arbitrator setting forth its position with respect to the issue(s) involved in a grievance. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. The arbitrator shall submit his or her decision in writing within 30 days after receipt to the parties and shall file a copy of such decision with the Bureau of Mediation Services of the State of Minnesota. The decision shall be based solely upon his or her interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitratorpresented.
45.6. The Arbitrator shall be selected in accordance with the prevailing rules decision of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator arbitrator shall be final and binding upon the parties, except that an appeal may be taken to the District Court on the grounds that the order of the arbitrator violates the provisions of Minnesota Statutes Annotated.
445.7. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 fee and expenses of the Articlearbitrator shall be divided equally between the parties: provided, however, that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of such proceedings, the cost shall be shared equally.
45.8. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the employee or employees or Grievance Committee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the parties involved in each step.
45.9. All documents, communications, and he or she records dealing with a grievance shall have no power to add to, subtract from, or modify in any way any be filed separately from the personnel files of the terms employees involved.
45.10. Access to all information necessary to the determination and processing of this Agreementa grievance shall be made available to all participants.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
1. A grievance shall be defined as any complaint, dispute, controversy A. Any complaint by an Employee or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise the Union concerning the application, meaning or application and interpretation of this Agreement. Grievances Agreement shall be processed and disposed of subject to the grievance procedure. Any relevant information specifically identified by the Employee or the Union in the following manner: STEP ONE - The employee possession of the Employer needed by the Employee or employees affected the Union to investigate and process a grievance, shall present a written grievance be provided to his or her immediate manager them upon request within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlementworking days. The manager grievance shall be presented to the appropriate supervisor within twenty (20) working days after the occurrence of the alleged violation, or if it concerns an alleged continuing violation, then it must be filed within twenty (20) working days after the alleged violation first became known or should have five become known to the Employee involved, except that in the case of an alleged payroll computational error, such allegation shall be presented to the department head or designee in writing within twenty (520) working days after the alleged error is discovered by the Employee, or the grievance may not be considered.
B. An individual Employee may present a grievance without intervention of the Union, up to and including Step 3, provided the Union has been afforded an opportunity to be present at the meeting(s) on the grievance. Any adjustment made shall not be inconsistent with the terms of this Agreement. By mutual consent of the Union and the Employer, any time limits within each step may be extended.
C. Informal Step. A grievance shall, whenever possible, be discussed informally between the Employee and the immediate supervisor within the twenty (20) working day limitation provided for in paragraph "A" above. The Employee may be assisted by a Union representative. If the immediate supervisor does not reply by seven (7) working days, the Employee or the Union may pursue the grievance to the next step.
Step 1. If the grievance is not satisfactorily resolved at the informal step, the Employee or the Union may submit a written statement of the grievance within seven (7) working days after receipt of the grievance reply to meet with the grievant and informal complaint to the unit representative division head or designee; or if the immediate supervisor does not reply to the informal complaint within seven (7) working days, the Employee or the CCNA/PASNAP and once Union may submit a written statement of the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) days after the manager's answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head division head or his designee within fourteen (14) working days from the initial submission of the informal complaint; or her authorized representativeif the grievance was not discussed informally between the Employee and the immediate supervisor, the Employee or the Union may submit a written statement of the grievance to the division head or designee within the twenty (20) working day limitation provided for in paragraph "A" above. The Department Head or his or her authorized representative A meeting to discuss the grievance shall have five be held within seven (57) working days after receipt of the grievance written grievance. Either side may present witnesses. The division head or designee shall reply in writing to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant Employee and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten Union within seven (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settled, the matter may be appealed to an impartial Arbitrator. The Arbitrator shall be selected in accordance with the prevailing rules of the American Arbitration Association applicable to labor arbitrations.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (307) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the partiesmeeting.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Appears in 1 contract
Sources: Unit 03 Agreement
GRIEVANCE PROCEDURE. 28.01 The parties to this Agreement recognize the stewards and the CLAC Representative specified in Article 6 as the agents through which employees shall process their grievances and receive settlement thereof.
1. A grievance shall be defined as any complaint28.02 Any employee who has a complaint will, disputeaccompanied by a ▇▇▇▇▇▇▇, controversy or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning a CLAC Representative if she so desires, discuss the application, meaning or interpretation of this Agreement. Grievances shall be processed and disposed of in the following manner: STEP ONE - The employee or employees affected shall present a written grievance to his or same with her immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have five (5) days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may supervisor within five (5) days after workdays of the manager's answer appeal to Step Twoact or condition causing the complaint. A grievant in a non-nursing department shall have This supervisor will deal with the right to request a member of Nursing Management to be present at complaint not later than the grievance hearing. STEP TWO - The grievant third workday following the day upon which the complaint is submitted and will notify the grievor and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or Union Representative of his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurred, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may decision within five (5) days after workdays following the Department Head's answer appeal said meeting. If the matter reply is not satisfactory to the employee, she may process the complaint as a grievance by following the steps set out below.
Step Three1 The employee, accompanied by a ▇▇▇▇▇▇▇ or a CLAC Representative, may submit the same to her immediate supervisor within five (5) workdays of the decision reached above. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at This supervisor will deal with the grievance hearing. STEP THREE - The grievant not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the unit representative or CCNA/PASNAP will submit Union Representative of his decision in writing within five (5) workdays following the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answer. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to said meeting.
Step Four. STEP FOUR - 2 If the grievance is still not satisfactorily settledsettled under Step 1, a Union Representative will, within five (5) workdays of the matter may be appealed decision under Step 1, or within five (5) workdays of the day this decision should have been made, submit a written grievance to an impartial Arbitratorthe Employer. The Arbitrator parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Union Representative of his decision in writing within five (5) workdays following the said meeting.
28.03 A "group grievance" is defined as a single grievance, signed by a ▇▇▇▇▇▇▇, or a CLAC Representative, as well as the employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be selected in accordance with listed on the prevailing rules of the American Arbitration Association applicable to labor arbitrationsgrievance form.
2. 28.04 The costs of arbitration Employer or the Union shall not be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising required to consider or process "single" or "group" grievances which arise out of grievances as defined in Section 1 of the Article, and he any action or she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.condition more than five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 23.01 The parties to this Agreement recognize the stewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
123.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) work days after the subject of such grievance occurred. A grievance If the action or condition is of a continuing or recurring nature, this limitation period shall be defined as any complaintnot begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, dispute, controversy application or disagreement involving one (1) or more employees and CROZER or between CCNA/PASNAP and CROZER which may arise concerning the application, meaning or interpretation administration of this Agreement. Grievances The procedure for processing grievances shall be processed and disposed as follows:
Step 1 Should the employee be dissatisfied with the immediate supervisor’s disposition of in the following manner: STEP ONE - The complaint, the employee or employees affected shall present may, with the assistance of his ▇▇▇▇▇▇▇, refer such matter on a written grievance form supplied by the Union to his or her their immediate manager within seven (7) work days of its occurrence, with a unit representative of CCNA/PASNAP, in an attempt to affect a satisfactory settlement. The manager shall have supervisor no later than five (5) working days after receipt from the date of the verbal reply of the immediate supervisor. The complaint shall constitute a formal grievance at Step 1. The immediate supervisor shall answer the grievance in writing within three (3) working days. The grievance shall contain a brief statement of the nature of the grievance, indicate the relief sought and be signed by the employee or the employees involved.
Step 2 Should the employee be dissatisfied with the disposition of the grievance at Step 1, the grievance may be referred to meet with the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurredManagement Committee, ten (10) days to give his or her answer in writing. If no satisfactory settlement is reached the grievant or CCNA/PASNAP may within five (5) working days after of the manager's immediate supervisor’s reply. The Management Committee, shall answer appeal to Step Two. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP TWO - The grievant and the unit representative or CCNA/PASNAP shall submit the written grievance to the grievant’s Department Head or his or her authorized representative. The Department Head or his or her authorized representative shall have five (5) days after receipt of the grievance to meet with the grievant and his or her unit representative or the CCNA/PASNAP and once the meeting has occurredin writing, ten(10) days to give his or her answer. If no satisfactory settlement is reached, the grievant or CCNA/PASNAP may within five (5) working days. Should a meeting be required at Step 2, the Union ▇▇▇▇▇▇▇ shall be in attendance.
Step 3 Should no settlement be reached at Step 2, the Grievance Committee and representatives of management, shall meet within five (5) working days after the Department Head's answer appeal the matter to Step Three. A grievant in a non-nursing department shall have the right to request a member of Nursing Management to be present at the grievance hearing. STEP THREE - The grievant and the unit representative or CCNA/PASNAP will submit the written grievance to a Human Resource Manager who shall have ten (10) work days after receipt of the grievance reply of the Management Committee to meet with discuss the grievant and the unit representative or the CCNA/PASNAP and once the meeting has occurred, ten (10) days to give his or her answergrievance. If no satisfactory settlement is reached, the CCNA/PASNAP may within thirty (30) calendar days after the Human Resource Manager's answer appeal the matter to Step Four. STEP FOUR - If the grievance is still not satisfactorily settledsettled within five (5) working days, the matter it may be appealed referred to an impartial Arbitratorarbitration as hereinafter provided.
23.03 A “Group Grievance” is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The Arbitrator grievers shall be selected in accordance with listed on the prevailing rules of the American Arbitration Association applicable to labor arbitrationsgrievance form.
2. The costs of arbitration shall be shared equally by theparties.
3. The Arbitrator's decision shall be rendered within thirty (30) working days after 23.04 A “Policy Grievance” is defined as one, which involves a question relating to the hearing of the disputeinterpretation, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the parties.
4. The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1 of the Article, and he application or she shall have no power to add to, subtract from, or modify in any way any of the terms administration of this Agreement.. The Union or the Employer may initiate a Policy Grievance beginning at Step 3 of the Grievance Procedure. Such grievance shall be filed within ten
Appears in 1 contract
Sources: Collective Agreement